Nunez v. Gastello

Filing 5

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESUS NUNEZ,
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Petitioner,

Case No. 16-00417 EJD (PR)
ORDER OF TRANSER

v.

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J. GASTELLO, Warden,

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Respondent.

United States District Court
Northern District of California

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Petitioner, a state prisoner at the California Men’s Colony in San Luis Obispo, has

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filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state

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sentence out of Sacramento County. Venue for a habeas action is proper in either the

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district of confinement or the district of conviction, 28 U.S.C. § 2241(d). Here, Petitioner

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is challenging his conviction out of Sacramento County, which lies within the venue of the

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Eastern District of California. See 28 U.S.C. § 84(b). Therefore, venue properly lies in

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that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is

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TRANSFERRED to the United States District Court for the Eastern District of California.

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See 28 U.S.C. § 1406(a).

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The Clerk shall terminate all pending motions and transfer the entire file to the

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Eastern District of California.

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IT IS SO ORDERED.

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5/20/2016
Dated: _____________________

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Order of Transfer
PRO-SE\EJD\HC.16\00417Nunez_transfer

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EDWARD J. DAVILA
United States District Judge