Murillo v. Montgomery

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/14 ORDERING that this matter is TRANSFERRED to United States District Court for the Southern District of California. (Mena-Sanchez, L) [Transferred from California Eastern on 7/30/2014.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REY ARMANDO MURILLO,

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Petitioner,

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No. 2:14-cv-1719 DAD P

v.

ORDER

W.L. MONTGOMERY,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254.

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Petitioner is incarcerated in Calipatria State Prison in Imperial County and was convicted

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in San Diego County. Both Imperial County and San Diego County are in an area located within

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the boundaries of the United States District Court for the Southern District of California.
Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of

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confinement have concurrent jurisdiction over applications for habeas corpus filed by state

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prisoners. Because petitioner was not convicted in this district, and is not presently confined

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here, this court does not have jurisdiction to entertain the application.

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Southern District of California. 28 U.S.C. §

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2241(d); 28 U.S.C. § 1406(a).

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Dated: July 29, 2014

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DAD:4
muri1719.108b

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