Free Order Transferring Case - District Court of California - California

Case 3:08-cv-03644-PJH

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Filed 08/08/2008

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1 2 3 4 5 6 7 8 9 10 v. CALIFORNIA DEPARTMENT OF CORRECTIONS, Respondent. 12 13 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a 14 conviction obtained in the Superior Court in and for Solano County. Solano County is in the 15 venue of the United States District Court for the Eastern District of California. Petitioner is 16 incarcerated at North Kern State Prison, which also is in the Eastern District. 17 Venue for a habeas action is proper in either the district of confinement or the district 18 of conviction, 28 U.S.C. § 2241(d); in this case, both are the Eastern District. This case 19 therefore is TRANSFERRED to the United States District Court for the Eastern District of 20 California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). Because of the transfer, the 21 court ahs not ruled upon petitioner's motion for leave to proceed in forma pauperis. 22 IT IS SO ORDERED. 23 Dated: August 8, 2008. 24 25 26 27 28 G:\PRO-SE\PJH\HC.08\WINN3655.TRN.wpd PHYLLIS J. HAMILTON United States District Judge / JOHN LAMONT WINN, Petitioner, No. C 08-3644 PJH (PR) ORDER OF TRANSFER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

Case 3:08-cv-03644-PJH

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Filed 08/08/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JOHN LAMONT WINN, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS et al, Defendant. /

Case Number: CV08-03644 PJH 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 August 8, 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.

John Lamont Winn CDC # F-62680 P.O. Box 5000 Delano, CA 93216 Dated: August 8, 2008 Richard W. Wieking, Clerk By: Nichole Heuerman, Deputy Clerk