Hernandez v. Livingston

Filing 7

ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 1/6/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 1/8/2014) [Transferred from California Northern on 1/13/2014.]

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STEVE G. HERNANDEZ,
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Petitioner,
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v.
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BRAD LIVINGSTON,
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Respondent.
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No. C 13-4715 LHK (PR)
ORDER OF TRANSFER

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Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. Petitioner is currently incarcerated at Pelican Bay State Prison due to a 2006

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conviction in Riverside, California, in which petitioner was sentenced to a term of life. In the

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underlying federal habeas petition, petitioner seeks discharge from an underlying parole hold by

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the State of Texas, which originates from a conviction petitioner sustained in El Paso, Texas. El

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Paso, Texas, lies in the Western District of Texas.

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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); however, petitions challenging a conviction or sentence are

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preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F.

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Supp. 265, 266 (N.D. Cal. 1968). Here, the Western District of Texas was the district of

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conviction and the place in which the parole hold originated. Accordingly, this case is

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TRANSFERRED to the United States District Court for the Western District of Texas. See 28
Order of Transfer
G:\PRO-SE\LHK\HC.13\Hernandez714trans.wpd

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U.S.C. § 1404(a). The Clerk shall terminate all pending motions and transfer the entire file to

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the Western District of Texas.

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IT IS SO ORDERED.

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1/6/14
DATED: _______________
LUCY H. KOH
United States District Judge

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Order of Transfer
G:\PRO-SE\LHK\HC.13\Hernandez714trans.wpd

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