Free Order Transferring Case - District Court of California - California

Case 3:08-cv-03985-MHP

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Filed 09/03/2008

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JUAN MARTINEZ, Petitioner, v. BEN CURRY, warden, Respondent. /

No. C 08-3985 MHP (pr) ORDER OF TRANSFER

Juan Martinez, an inmate at the Correctional Training Facility in Soledad, has filed a petition for writ of habeas corpus to challenge the sentence imposed upon his conviction in the San Bernardino County Superior Court. As Exhibits A and G to the petition show, Martinez's challenge is to the imposition of the sentence by the state court, and not the execution of the sentence by prison officials. San Bernardino County lies within the venue of the Central District of California. Martinez is currently in custody in Monterey County, within the venue of the Northern District of California. Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or sentence is preferably heard in the district of conviction. Habeas L.R. 2254-3(b). Because the conviction occurred in the Central District of California, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interest of justice, this action is TRANSFERRED to the United States District Court for the Central District of California. The clerk shall transfer this matter. IT IS SO ORDERED. DATED: September 2, 2008 Marilyn Hall Patel United States District Judge

Case 3:08-cv-03985-MHP

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Filed 09/03/2008

Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JUAN MARTINEZ, Plaintiff, v. BEN CURRY et al, Defendant. /

Case Number: CV08-03985 MHP CERTIFICATE OF SERVICE

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 September 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.

Juan Martinez H-24948 Correctional Training Facility P.O. Box 689 Soledad, CA 93960-0689 Dated: September 3, 2008 Richard W. Wieking, Clerk By: Anthony Bowser, Deputy Clerk