Lopez v. Lopez

Filing 4

ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 8/3/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 8/3/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JUAN ABELARDO LOPEZ,
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Petitioner,
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vs.
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RAUL LOPEZ,
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Respondent.
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No. C 11-3101 LHK (PR)
ORDER OF TRANSFER

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Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28
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U.S.C. § 2254. Petitioner seeks habeas relief from his underlying criminal conviction and
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sentence from the Superior Court of Tulare County, which lies in the Eastern District of
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California. Venue for a habeas action is proper in either the district of confinement or the district
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of conviction, 28 U.S.C. § 2241(d); however, petitions challenging a conviction or sentence are
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preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F.
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Supp. 265, 266 (N.D. Cal. 1968). Here, the Eastern District of California is the district of
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conviction. Accordingly, this case is TRANSFERRED to the United States District Court for the
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Eastern District of California, the district of Petitioner’s conviction at issue in this petition. See
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28 U.S.C. § 1404(a). The Clerk shall transfer the entire file to the Eastern District of California.
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IT IS SO ORDERED.
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DATED: __8/3/11_________
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LUCY H. KOH
United States District Judge

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Order of Transfer
P:\PRO-SE\SJ.LHK\HC.11\Lopez101trans.wpd