Carrillo v. Placer County Superior Court

Northern District of California, cand-4:2015-cv-02285

ORDER TRANSFERRING CASE. Case transferred to the Eastern District of California. Signed by Magistrate Judge Kandis A. Westmore on 7/1/15.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 RAY CARRILLO, 7 Case No. 15-cv-02285-KAW (PR) Petitioner, 8 v. 9 ORDER OF TRANSFER PLACER COUNTY SUPERIOR COURT, 10 Respondent. 11 12 Petitioner, a state prisoner incarcerated at High Desert State Prison ("HDSP"), has filed a Northern District of California United States District Court 13 pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity 14 of his conviction, which was obtained in Placer County Superior Court. 15 A federal petition for a writ of habeas corpus made by a person in custody under the 16 judgment and sentence of a state court is properly filed in either the district of confinement or the 17 district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may 18 transfer the petition to the proper district in the furtherance of justice. Id. Federal courts in 19 California traditionally have chosen to hear petitions challenging a conviction or sentence in the 20 district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. 21 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 22 Petitioner was convicted in Placer County Superior Court, which lies within the venue of 23 the Eastern District of California. 28 U.S.C. § 84(b). He is incarcerated at HDSP, in Lassen 24 County, which also lies within the venue of the Eastern District of California. Id. § 84(d). Thus, 25 jurisdiction over the petition exists in the Eastern District, not in the Northern District. 26 Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice, 27 the Clerk of the Court is ordered to TRANSFER this action forthwith to the United States District 28 Court for the Eastern District of California. 1 All remaining motions are TERMINATED on this Court's docket as no longer pending in 2 this Court. 3 IT IS SO ORDERED. 4 Dated: 7/1/15 ______________________________________ KANDIS A. WESTMORE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2