Cavness v. Davis

Filing 5

ORDER TRANSFERRING CASE. The petition indicates that Petitioner was convicted in Sacramento County which lies within the venue of the Eastern District of California. 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 10/2/2015. (ecg, COURT STAFF) (Filed on 10/5/2015)

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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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DONALD E. CAVNESS-BEY,
Petitioner,

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v.

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RONALD DAVIS,
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Respondent.
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No. C 15-03526 EJD (PR)
ORDER OF TRANSFER

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Petitioner, a state prisoner at San Quentin State Prison, has filed a petition for
a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state 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

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the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D.

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Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). The petition

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indicates that Petitioner was convicted in Sacramento County which lies within the

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venue of the Eastern District of California. See 28 U.S.C. 84(b).

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Accordingly, the above-titled action is hereby TRANSFERRED to the United
States District Court for the Eastern District of California. See 28 U.S.C. §§
Order of Transfer
P:\PRO-SE\EJD\HC.15\03526Cavness-Bey_transfer(ED).wpd

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1404(a), 2241(d); Habeas L.R. 2254-3.
The Clerk shall transfer this matter and terminate any pending motions.

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DATED:

10/2/2015

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
P:\PRO-SE\EJD\HC.15\03526Cavness-Bey_transfer(ED).wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DONALD E. CAVNESS-BEY,

Case Number: CV15-03526 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
RONALD DAVIS,
Respondent.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
10/5/2015
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) into
an inter-office delivery receptacle located in the Clerk's office.

Donald Eugene Cavness-Bey P38865
SAN QUENTIN STATE PRISON
San Quentin, CA 94974
Dated:

10/5/2015
Susan Y. Soong, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk