Erwin v. //

Filing 10

ORDER OF TRANSFER. Accordingly, this case is hereby TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California. Signed by Judge Edward J. Davila on 2/4/2013. (ecg, COURT STAFF) (Filed on 2/6/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE WILLIE GEORGE ERWIN, JR., )
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Petitioner.
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No. C 12-04699 EJD (PR)
ORDER OF TRANSFER

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Petitioner, a state prisoner currently incarcerated at the Correctional Training

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Facility proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254, challenging his state conviction in Fresno County Superior Court.

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A state prisoner challenging the constitutionality of his state conviction may do so

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by filing a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Venue for a

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habeas action is proper in either the district of confinement or the district of conviction,

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28 U.S.C. § 2241(d); however, petitions challenging a conviction are preferably heard in

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the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265,

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266 (N.D. Cal. 1968); cf. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (district of

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confinement best forum to review execution of sentence). Accordingly, this case is

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hereby TRANSFERRED to the United States District Court for the Eastern District of

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California. See 28 U.S.C. §§ 1404(a), 2241(d); Habeas L.R. 2254-3.
Order of Transfer
G:\PRO-SE\SJ.EJD\1Shonda to Process\04699Erwin_transfer.wpd

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The Clerk shall terminate all pending motions and transfer the entire file to the
Eastern District of California.

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DATED:

2/4/2013

EDWARD J. DAVLIA
United States District Judge

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Order of Transfer
04699Erwin_transfer.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

IN RE WILLIE GEORGE ERWIN, JR.,

Case Number CV 12-4699 EJD (PR)

Petitioner,
CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
2/6/2013
That on ______________________________, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the
person(s)hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said
copy(ies) inter-office delivery receptacle located in the Clerk's office.

Willie George Erwin, Jr.
T-64857
CTF
P. O,. Box 698
Soledad, CA 93960-0689

2/6/2103
DATED: ________________________

Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk