Free Case Transferred Out to Another District - District Court of California - California

Case 3:08-cv-01241-DMS-RBB

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Filed 07/17/2008

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UNITED STATES DISTRICT COURT
Southern District of California Office Of The Clerk 880 Front Street, Room 4290 San Diego, California 92101-8900 Phone: (619) 557-5600 Fax: (619) 702-9900 W. Samuel Hamrick, Jr., Clerk of Court July 17, 2008 Clerk, U.S. District Court Eastern District of California, Fresno Division 2500 Tulare Street, Room 1501 Fresno, CA 93721-1321 Re: Ronald Nichols . v. James Hartley, Case No. 3:08-cv-01241-DMS-RBB Dear Sir or Madam: Pursuant to Order transferring the above-entitled action to your District, we are electronically transmitting herewith our entire original file.

Sincerely yours, W. Samuel Hamrick, Jr., Clerk of the Court By: s/ L. Odierno, Deputy Clerk Copy to Attorney for Plaintiffs: Copy to Attorney for Defendants:

Case 3:08-cv-01241-DMS-RBB

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. JAMES HARTLEY, W arden, et al., Respondents. Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a parole eligibility hearing held in the Eastern District of California. In accordance with the practice of district courts in California, the Court transfers the Petition to the United States District Court for the Eastern District of California. A petition for writ of habeas corpus may be filed in the United States District Court of the judicial district in which the petitioner is presently confined or the judicial district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 497 (1973). Petitioner here was convicted in San Diego County Superior Court. (Pet. at 1.) That court is located in San Diego County, which is within the jurisdictional boundaries of the United States District Court for the Southern District of California. See 28 U.S.C. § 84(d). Petitioner is presently confined at Avenal State Prison in Avenal, California, where the parole consideration hearing at issue in this case was held. That prison is located in -1RONALD NICHOLS, Petitioner, ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Civil No. 08cv1241-DMS (RBB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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Case 3:08-cv-01241-DMS-RBB

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Kings County, which is within the jurisdictional boundaries of the United States District Court for the Eastern District of California. See 28 U.S.C. § 84(b). Jurisdiction over this Petition thus exists in the Southern District and in the Eastern District. See 28 U.S.C. § 2241(d). Pursuant to 28 U.S.C. § 1631, this Court may transfer this proceeding to a district with proper jurisdiction under 28 U.S.C. § 2241(d). It is generally the practice of the district courts in California to transfer habeas actions challenging a parole eligibility hearing to the district in which the hearing was conducted. Any and all records, witnesses and evidence necessary for the resolution of a petitioner's contentions are more readily available in that district. See Braden, 410 U.S. at 497, 499 n.15; Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). In this case, that district is the Eastern District of California. Therefore, in the furtherance of justice, IT IS ORDERED that the Clerk of this Court transfer this matter to the United States District Court for the Eastern District of California. See 28 U.S.C. § 2241(d). IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order upon Petitioner and upon the California Attorney General.

DATED: July 17, 2008

HON. DANA M. SABRAW United States District Judge

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