Charles v. Hartley

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 11/2/2011 ORDERING that this matter is TRANSFERRED to the United States District Court for the Central District of California. CASE CLOSED. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELERI CHARLES, Petitioner, 11 vs. 12 13 JAMES D. HARTLEY, Respondent. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 17 No. CIV S-11-2729 DAD P habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is presently incarcerated at Avenal State Prison in Kings County. He is 18 19 serving a sentence on a judgment of conviction entered by the Los Angeles County Superior 20 Court. The general rule with regard to habeas applications is that both the United States 21 22 District Court in the district where petitioner was convicted and the District Court where 23 petitioner is incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit 24 Court, 410 U.S. 484 (1973). In the instant case, petitioner’s conviction occurred in an area 25 covered by the U.S. District Court for the Central District of California. Accordingly, in the 26 ///// 1 1 furtherance of justice, IT IS HEREBY ORDERED that this matter is transferred to the United 2 States District Court for the Central District of California. Id. at 499 n.15; 28 U.S.C. § 2241(d). 3 DATED: November 2, 2011. 4 5 6 7 8 DAD:mp/4 char2729.108a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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