Terry v. Martel
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/2011 ORDERING that this court has not ruled on petitioner's request to proceed ifp; and this matter is TRANSFERRED to the USDC for the Central District of California. CASE CLOSED. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DEWEY STEVEN TERRY, III.,
Petitioner,
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No. 2:11-cv-3062 KJN P
vs.
MICHAEL MARTEL,
Respondent.
ORDER
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Petitioner, a state prisoner proceeding without counsel, has filed an application for
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a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma
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pauperis. This court will not rule on petitioner'’ request to proceed in forma pauperis.
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Petitioner is presently incarcerated at San Quentin State Prison in Marin County.
He is serving a sentence for a conviction rendered by the Los Angeles County Superior Court.
The general rule with regard to habeas applications is that both the United States
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District Court in the district where petitioner was convicted and the District Court where
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petitioner is incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit
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Court, 410 U.S. 484 (1973). In the instant case, petitioner’s conviction occurred in an area
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covered by the District Court for the Central District of California. Accordingly, in the
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furtherance of justice, IT IS HEREBY ORDERED that:
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1. This court has not ruled on petitioner’s request to proceed in forma pauperis;
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and
2. This matter is transferred to the United States District Court for the Central
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District of California. Id. at 499 n.15; 28 U.S.C. § 2241(d).
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DATED: November 22, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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terr3062.108a
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