Gonzalez v. Clark
Filing
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ORDER, CASE TRANSFERRED to Northern District of California, signed by Magistrate Judge Michael J. Seng on 11/17/2011. CASE CLOSED. (Marrujo, C)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NICOLAS H. GONZALEZ,
1:11-cv-01871 MJS (HC)
Petitioner,
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vs.
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ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
CALIFORNIA
KEN CLARK, Warden,
Respondent.
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/
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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action
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pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant
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to 28 U.S.C. § 1915.
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The federal venue statute requires that a civil action, other than one based on diversity
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jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
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defendants reside in the same state, (2) a judicial district in which a substantial part of the
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events or omissions giving rise to the claim occurred, or a substantial part of the property that
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is the subject of the action is situated, or (3) a judicial district in which any defendant may be
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found, if there is no district in which the action may otherwise be brought.” 28 U.S.C. §
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1391(b).
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///
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However, venue for a habeas action is proper in either the district of confinement or the
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district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such an
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application is filed in the exercise of its discretion and in furtherance of justice may transfer the
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application to the other district court for hearing and determination. Id.
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It is preferable for petitions challenging a conviction or sentence to be heard in the
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district of conviction while petitions challenging the manner in which the sentence is being
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executed be heard in the district of confinement. Dunne v. Henman, 875 F.2d 244, 249 (9th
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Cir. 1989). In this case, Petitioner is challenging the judgment relating to his conviction which
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occurred in San Mateo County, California. As San Mateo County is located in the Northern
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District of California, all of the material events, records, and witnesses are located in that
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district. In the interest of justice, the petition will be transferred to the United States District
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Court for the Northern District of California. 28 U.S.C. §§ 1404(a) and 2241(d).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
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States District Court for the Northern District of California.
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IT IS SO ORDERED.
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Dated:
ci4d6
November 17, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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