Stribling v. Baughman

Filing 6

ORDER OF TRANSFER. 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 2/2/2017. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 2/2/2017)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

AARON STRIBLING,
United States District Court
Northern District of California

11

Petitioner,

12

Case No. 16-07176 EJD (PR)
ORDER OF TRANSFER

v.

13
14

DAVID BAUGHMAN,

15

Respondent.

16
17
18

Petitioner, a state prisoner currently confined at California State Prison –

19

Sacramento, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254,

20

challenging his state conviction.1 Venue for a habeas action is proper in either the district

21

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

22

challenging his conviction out of Sacramento County, (Pet. at 3), which lies within the

23

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

24

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

25

this case is TRANSFERRED to the United States District Court for the Eastern District of

26

California. See 28 U.S.C. § 1406(a).

27
1

28

The matter was reassigned to this Court on January 25, 2017, after Petitioner did not file
notice of consent to magistrate jurisdiction. (Docket No. 5.)

1

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

2

Eastern District of California.

3

IT IS SO ORDERED.

4

2/2/2017
Dated: _____________________

________________________
EDWARD J. DAVILA
United States District Judge

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Order of Transfer
PRO-SE\EJD\HC.16\07176Stribling_transfer(ED)

26
27
28

2