Dorrough v. Broomfield

Filing 3

ORDER OF TRANSFER. The Clerk of the Court shall transfer the file to the Western Division of the Central District of California. Signed by Magistrate Judge Virginia K. DeMarchi on 9/9/2020. (vkdlc2S, COURT STAFF) (Filed on 9/9/2020)

Case 5:20-cv-06084-VKD Document 3 Filed 09/09/20 Page 1 of 2

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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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RAYNEL DORROUGH,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-06084-VKD
ORDER OF TRANSFER

v.
RON BROOMFIELD,
Defendant.

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Petitioner Raynel Dorrough, a state prisoner currently confined at San Quentin State

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Prison, filed a petition for writ of habeas corpus, challenging the lawfulness of his state

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conviction. Dkt. No. 1.

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While venue for a habeas action is proper in either the district of confinement or the district

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of conviction, the district court in which the petition is filed may exercise its discretion to transfer

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the action to the district of conviction. 28 U.S.C. § 2241(d). Here, Mr. Dorrough challenges his

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conviction by a state court located in Los Angeles County (Dkt. No. 1 at 1), which lies within the

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Western Division of the Central District of California. See 28 U.S.C. § 84(c)(2). This District has

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adopted a local rule limiting venue for habeas actions challenging the lawfulness of a state

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conviction to those out of counties located in the Northern District of California. See Habeas L.R.

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2254-3(a)(1); 28 U.S.C. § 84(a). Accordingly, in the exercise of its discretion, and in the

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furtherance of justice, the Court finds that this case should be transferred to the U.S. District Court

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for the Central District of California, Western Division. See 28 U.S.C. § 1406(a); Habeas L.R.

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2254-3(b)(1).

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

Case 5:20-cv-06084-VKD Document 3 Filed 09/09/20 Page 2 of 2

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Western Division of the Central District of California.
IT IS SO ORDERED.
Dated: September 9, 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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