Patterson v. Duffy

Filing 13

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 3/9/15. (lrcS, COURT STAFF) (Filed on 3/9/2015) [Transferred from California Northern on 3/11/2015.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLIFFORD H. PATTERSON,

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Case No. 15-cv-00118-JD

Petitioner,
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v.

ORDER OF TRANSFER

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BRIAN DUFFY,

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Respondent.

United States District Court
Northern District of California

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This case was opened when plaintiff wrote a letter to the court regarding his conviction and

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his medical care. In an effort to protect his rights, it was filed as a new case. While filed as a civil

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rights action, petitioner has filed a formal habeas petition. He states he was convicted in San

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Diego Superior Court which is located in Southern District of California. He is currently

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incarcerated in Stockton, CA in the Eastern District of California.
Venue for a habeas action is proper in either the district of confinement or the district of

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conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a

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conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.

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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted and in the Southern

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District, this case is TRANSFERRED to the United States District Court for the Southern District

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of California.1 See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
IT IS SO ORDERED.

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Dated: March 9, 2015
______________________________________
James Donato
United States District Judge

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A habeas petition challenging this same conviction was recently denied in the Southern District.
Patterson v. Beard, 2015 WL 412842 (S.D. Cal., Jan. 30, 2015).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLIFFORD H. PATTERSON,

Case No. 15-cv-00118-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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BRIAN DUFFY,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 3/9/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Clifford H. Patterson ID: AD1798
California Health Care Facility, Stockton
P. O. Box 32050
Stockton, CA 95213

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Dated: 3/9/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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