Free Order - District Court of California - California

Case 3:08-cv-02571-JSW

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Filed 06/03/2008

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1 2 3 4 5 6 7 8 RAMIRO GARZA, 9 Petitioner, 10 vs. 11 HERNANDEZ, 12 Respondent. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) No. C 08-2571 JSW (PR) ) ) ) TRANSFER ORDER ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner, a prisoner incarcerated at Salinas Valley State Prison in Soledad, California, has filed a petition for a writ of habeas corpus seeking review of his criminal conviction from Fresno County, which lies within the venue of the Eastern District of California. See 28 USC § 84(c). Venue is proper in a habeas action in either the district of conviction or the district of confinement, see id § 2241(d). However, federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Therefore, the Court ORDERS, pursuant to 28 USC § 1404(a) and Habeas LR 2254-3(b), and in the interest of justice, that the Clerk of the Court TRANSFER this matter to the United States District Court for the Eastern District of California. IT IS SO ORDERED. DATED: June 3, 2008 _______________________ JEFFREY S. WHITE United States District Judge

Case 3:08-cv-02571-JSW

Document 3

Filed 06/03/2008

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RAMIRO GARZA,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

Case Number: CV08-02571 JSW CERTIFICATE OF SERVICE

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v.

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HERNANDEZ, et al,

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Defendant.

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Ramiro Garza F04325 Richard Donovan Correctional Facility 480 Alta Road San Diego, CA 92179 Dated: June 3, 2008

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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 June 3, 2008, 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.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk