Torres v. Lewis
Filing
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ORDER OF TRANSFER. Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk shall transfer this matter and terminate any pending motions. Signed by Judge Edward J. Davila on 3/7/2013. (ecg, COURT STAFF) (Filed on 3/8/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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ARMAND TORRES,
Petitioner,
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vs.
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GREG LEWIS, Warden,
Respondents.
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No. C 13-00573 EJD (PR)
ORDER OF TRANSFER
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Petitioner, a California prisoner at the Pelican Bay State Prison, has filed a
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petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state
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conviction.
Venue for a habeas action is proper in either the district of confinement or the
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district of conviction, 28 U.S.C. § 2241(d). However, Federal courts in California
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traditionally have chosen to hear petitions challenging a conviction or sentence in the
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district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal.
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1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). The petition indicates
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that Petitioner was convicted in Tulare County which lies within the venue of the
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Eastern District of California. See 28 U.S.C. 84(b).
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Order of Transfer
00573Torres_transfer.wpd
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Accordingly, the above-titled action is hereby TRANSFERRED to the United
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States District Court for the Eastern District of California. See 28 U.S.C. §§ 1404(a),
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2241(d); Habeas L.R. 2254-3.
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The Clerk shall transfer this matter and terminate any pending motions.
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DATED:
3/7/2013
EDWARD J. DAVILA
United States District Judge
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For the Northern District of California
United States District Court
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Order of Transfer
00573Torres_transfer.wpd
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
Case Number CV 13-00573 EJD (PR)
ARMAND TORRES,
CERTIFICATE OF SERVICE
Petitioner,
vs.
GREG LEWIS, Warden,
Respondents.
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
3/8/2013
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.
Armand Torres
AA-1759
Pelican Bay State Prison
P. O. Box 7500
Crescent City, CA
3/8/2013
DATED: ________________________
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk
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