Free Order Transferring Case - District Court of California - California


File Size: 17.4 kB
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Date: October 9, 2007
File Format: PDF
State: California
Category: District Court of California
Author: unknown
Word Count: 241 Words, 1,396 Characters
Page Size: Letter (8 1/2" x 11")
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Case 3:07-cv-05074-PJH

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Filed 10/09/2007

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1 2 3 4 5 6 7 8 9 10 v. DERRAL G. ADAMS, Warden, Respondent. / 12 13 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a ALDRIN JESUS TREJO, Petitioner, No. C 07-5074 PJH (PR) ORDER OF TRANSFER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

14 conviction obtained in the Superior Court in and for Orange County. Orange County is in 15 the venue of the United States District Court for the Central District of California. Petitioner 16 is incarcerated at Corcoran State Prison, which 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); this district is neither. Because petitions challenging a 19 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. 20 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Orange 21 County, this case is TRANSFERRED to the United States District Court for the Central 22 District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 23 IT IS SO ORDERED. PHYLLIS J. HAMILTON United States District Judge

24 Dated: October 9, 2007. 25 26 27 28 G:\PRO-SE\PJH\HC.07\trejo074.trn.wpd