Free Motion to Transfer Case - District Court of California - California

Case 3:07-cv-03105-PJH

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Filed 06/19/2007

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JULIANA DROUS Attorney at Law (State Bar No. 92156) 214 Duboce Avenue San Francisco, CA 94103 Telephone (415) 863-3580 Facsimile: (415) 255-8631 [email protected] Attorney for Petitioner KRISTI LYN LUNBERY

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

KRISTI LYN LUNBERY,

) ) Petitioner, ) ) vs. ) TINA HORNBEAK, Warden, ) and THE ATTORNEY GENERAL OF THE ) STATE OF CALIFORNIA ) ) Respondents. ) __________________________________________)

No. C 07-3105 PJH MOTION FOR TRANSFER 28 U.S.C. § 2241 (d) )

On June 13, 2007, counsel filed this Petition for Writ of Habeas Corpus (28 U.S.C. § 2254) 18 in this Federal District Court.. After filing the petition, counsel was advised that the state sentencing 19 court, the Shasta County Superior Court, is in the United States District Court for the Eastern District 20 of California. Thus, pursuant to 28 U.S.C. § 2241 (d), this petition should have been filed in the 21 Eastern District Federal Court. 22 Pursuant to 28 U.S.C. § 2241 (d), petitioner respectfully requests that in furtherance of 23 justice, that this Court transfer her application to the District Court for the Eastern District of 24 California. 25 DATED: June 19, 2007 26 27 28 JULIANA DROUS Respectfully submitted,

Case 3:07-cv-03105-PJH

Document 3

Filed 06/19/2007

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1 DECLARATION OF SERVICE BY MAIL 2 Re: 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 Said envelopes were then, on June 19, 2007, sealed and deposited in the United States Mail at San Francisco, California, the county in which I am employed, with the postage thereon fully prepaid. I declare under penalty that the foregoing is true and correct. Executed on June 19, 2007, at San Francisco, California. ________________________ JULIANA DROUS Kristi Lyn Lunbery X-05377 P.O. Box 92 Chowchilla, CA 93610-0092 Clerk, Shasta County Superior Court 1500 Court Street Redding, CA 96001 I, JULIANA DROUS, declare that I am over 18 years of age and not a party to the within cause; my business address is 214 Duboce Avenue, San Francisco, California 94103. I served a true copy of the attached: MOTION FOR TRANSFER, 28 U.S.C. § 2241(d), on the following, by placing same in an envelope addressed as follows: Attorney General for the State of California P.O. Box 944255 Sacramento, CA 94244-2550 In re Kristi Lyn Lunbery C 07 3105 PJH