Callendret v. State of California

Filing 6

Order of Transfer. The Clerk of the Court shall terminate all pending motions and transfer the entire file to the Western Division of the Central District of California. Signed by Judge Virginia K. DeMarchi on 2/13/2020. (vkdlc1S, COURT STAFF) (Filed on 2/13/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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TIMOTHY L. CALLENDRET,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-00536-VKD
ORDER OF TRANSFER

v.
STATE OF CALIFORNIA,
Defendant.

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Petitioner, a state prisoner currently confined at Kern Valley State Prison, filed a pro se
petition for writ of habeas corpus, challenging the lawfulness of his state conviction. Dkt. No. 1.
While venue for a habeas action is proper in either the district of confinement or the district of
conviction, the district court in which the petition is filed may exercise its discretion to transfer the
action to the district of conviction. 28 U.S.C. § 2241(d). Here, Petitioner challenges his
conviction by a state court located in Los Angeles County, Dkt. No. 1 at 1, which lies within the
Western Division of the Central District of California. See 28 U.S.C. § 84(c)(2). This District has
adopted a local rule limiting venue for habeas actions challenging the lawfulness of a state
conviction to those out of counties located in the Northern District of California. See Habeas L.R.
2254-3(a)(1); 28 U.S.C. § 84(a). Accordingly, in the exercise of its discretion, and in the
furtherance of justice, the Court finds that this case should be transferred to the U.S. District Court
for the Central District of California, Western Division. See 28 U.S.C. § 1406(a); Habeas L.R.
2254-3(b)(1).
The Clerk of the Court shall terminate all pending motions and transfer the entire file to the
Western Division of the Central District of California.

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IT IS SO ORDERED.
Dated: February 13, 2020

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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