Hyman v. Duffy et al

ORDER TRANSFERRING CASE: This action is transferred to the United States District Court for the Eastern District of California. Signed by Magistrate Judge Donna M. Ryu on 10/2/15.

Northern District of California, cand-4:2015-cv-03681

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MORRIS WILLIAM HYMAN, 7 Case No. 15-cv-03681-DMR (PR) Petitioner, 8 ORDER OF TRANSFER v. 9 BRIAN DUFFY, et al., 10 Respondents. 11 12 On August 12, 2015, Petitioner filed a document entitled, "Motion and/or Application for Northern District of California United States District Court 13 Immediate Release from Unlawful Custody Confinement. . .," which was opened as a pro se 14 habeas corpus action. Dkt. 1. Petitioner did not complete the Court's habeas corpus petition form 15 and did not provide the information the Court needed to adequately review his claims. 16 On the same day the action was filed, the Clerk of the Court sent a notice to Petitioner 17 informing him that his action could not go forward until he filed with the Court a habeas corpus 18 petition form, completed in full. Dkt. 2. The Clerk also sent another notice directing Petitioner to 19 either pay the filing fee or file a completed prisoner's in forma pauperis ("IFP") application form. 20 Dkt. 3. The Clerk sent Petitioner a blank habeas corpus petition form and an IFP application form, 21 and informed him that he must return the completed forms within twenty-eight days or his action 22 would be dismissed. 23 Petitioner has since filed a completed habeas corpus petition form, his Certificate of Funds 24 and his six-month prisoner trust account statement.1 Dkts. 10, 11. In addition, Petitioner has filed 25 a motion for appointment of counsel. Dkt. 8. Petitioner has also consented to magistrate judge 26 jurisdiction in this action. Dkts. 5, 7. 27 28 1 To date, Petitioner has not submitted a completed IFP application form. 1 Here, Petitioner challenges a conviction and sentence incurred in the Nevada County 2 Superior Court, which is within the venue of the Eastern District of California. See 28 U.S.C. 3 § 84. Because Petitioner is challenging his conviction, venue for the instant habeas action is 4 proper in the district of conviction. 28 U.S.C. § 2241(d). 5 Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice, 6 this action is TRANSFERRED to the United States District Court for the Eastern District of 7 California.2 The Clerk shall transfer the case forthwith. 8 If Petitioner wishes to further pursue this action, he must complete the IFP application 9 form required by the United States District Court for the Eastern District of California and mail it 10 to that district. 11 All remaining motions are TERMINATED on this Court's docket as no longer pending in 12 this district. Dkts. 1, 8. Northern District of California United States District Court 13 IT IS SO ORDERED. 14 Dated: October 2, 2015 15 ______________________________________ DONNA M. RYU 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 2 28 Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A). 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 MORRIS WILLIAM HYMAN, 4 Case No. 4:15-cv-03681-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 BRIAN DUFFY, et al., 7 Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 Northern District of California That on October 2, 2015, I SERVED a true and correct copy(ies) of the Order of Transfer, United States District Court 13 by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, 14 by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office 15 delivery receptacle located in the Clerk's office. 16 17 Morris William Hyman ID: AM-8176 P.O. Box 92200 18 Stockton, CA 95213 19 Dated: October 2, 2015 20 21 Susan Y. Soong Clerk, United States District Court 22 23 24 25 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the 26 Honorable DONNA M. RYU 27 28 3