Major v. San Diego

Filing 2

ORDER DISMISSING CASE Without Prejudice to Petitioner to present his claims in the Central District of California, Western Division. Signed by Judge Larry Alan Burns on 4/23/14.(All non-registered users served via U.S. Mail Service)(kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARK MAJOR,

Civil No.

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Petitioner,

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14cv1008-LAB (MDD)

ORDER DISMISSING CASE
WITHOUT PREJUDICE

v.
SAN DIEGO,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a Petition for a Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254. Petitioner, who was convicted in the Los Angeles County

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Superior Court and is currently incarcerated in Los Angeles County, alleges that his speedy trial

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rights were violated. (See Pet. at 1-3.)

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A petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 may be filed in the

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United States District Court of the judicial district in which the petitioner is presently confined

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or the judicial district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d);

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Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 497 (1973). Petitioner here attacks a

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conviction suffered in the Los Angles County Superior Court. (Pet. at 1-2.) That court is located

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within the jurisdictional boundaries of the United States District Court for the Central District

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of California, Western Division. See 28 U.S.C. § 84(c)(2). Petitioner is presently confined in

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Castaic, California, in Los Angeles County, which is also within the jurisdictional boundaries

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of the United States District Court for the Central District of California, Western Division. Id.
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14cv1008

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Thus, jurisdiction over the Petition lies in the Central District of California, Western Division,

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and not in this Court.

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Accordingly, the Petition is DISMISSED without prejudice to Petitioner to present his
claims in the Central District of California, Western Division.
IT IS SO ORDERED.

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DATED: April 23, 2014

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HONORABLE LARRY ALAN BURNS
United States District Judge

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