Nunez v. Gastello
ORDER OF TRANSFER. Accordingly, this case is 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 5/20/2016. (Attachments: # 1 Certificate/Proof of Service)(ecg, COURT STAFF) (Filed on 5/25/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 16-00417 EJD (PR)
ORDER OF TRANSER
J. GASTELLO, Warden,
United States District Court
Northern District of California
Petitioner, a state prisoner at the California Men’s Colony in San Luis Obispo, has
filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state
sentence out of Sacramento County. Venue for a habeas action is proper in either the
district of confinement or the district of conviction, 28 U.S.C. § 2241(d). Here, Petitioner
is challenging his conviction out of Sacramento County, which lies within the venue of the
Eastern District of California. See 28 U.S.C. § 84(b). Therefore, venue properly lies in
that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is
TRANSFERRED to the United States District Court for the Eastern District of California.
See 28 U.S.C. § 1406(a).
The Clerk shall terminate all pending motions and transfer the entire file to the
Eastern District of California.
IT IS SO ORDERED.
Order of Transfer
EDWARD J. DAVILA
United States District Judge
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