(HC) Ruiz v. On Habeas Corpus

E.D. California

(HC) Ruiz v. On Habeas Corpus

DecidedApril 6, 2021

Docket1:21-cv-00575

StatusUnknown

This text of (HC) Ruiz v. On Habeas Corpus ((HC) Ruiz v. On Habeas Corpus) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(HC) Ruiz v. On Habeas Corpus, (E.D. Cal. 2021).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 JOEY R. RUIZ, 11 Case No. 20-08594 EJD (PR) Petitioner, 12 ORDER OF TRANSER v. 13

14 WARDEN, 15 Respondent.

17 18 Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus 19 under 28 U.S.C. § 2254. Dkt. No. 1. Venue for a habeas action is proper in either the 20 district of confinement or the district of conviction, 28 U.S.C. § 2241(d). Federal courts in 21 California traditionally have chosen to hear petitions challenging a conviction or sentence 22 in the district of conviction or sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. 23 Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 24 (N.D. Cal. 1968). According to the petition, Petitioner was convicted in Kings County, 25 Dkt. No. 1 at 1, which lies within the Eastern District of California. See 28 U.S.C. § 84(b). 26 Petitioner is currently confined at Deuel Vocational Institution in San Joaquin County 27 which is also within the Eastern District. Id. Therefore, the venue for this action is in that 1 TRANSFERRED to the United States District Court for the Eastern District of California. 2 || See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b)(1). 3 The Clerk shall terminate all pending motions and transfer the entire file to the 4 || Eastern District of California. 5 IT IS SO ORDERED.

7 EDWARD J. DAVILA United States District Judge 8 9 10 11 (12

2B

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17 Z 18 19 20 21 22 23 24 25 Order of Transfer PRO-SE\EJD\HC.20\08594Ruiz_transfer(ED) 26 27

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 JOEY R. RUIZ, 11 Case No. 20-08594 EJD (PR) Petitioner, 12 ORDER OF TRANSER v. 13

14 WARDEN, 15 Respondent.

17 18 Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus 19 under 28 U.S.C. § 2254. Dkt. No. 1. Venue for a habeas action is proper in either the 20 district of confinement or the district of conviction, 28 U.S.C. § 2241(d). Federal courts in 21 California traditionally have chosen to hear petitions challenging a conviction or sentence 22 in the district of conviction or sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. 23 Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 24 (N.D. Cal. 1968). According to the petition, Petitioner was convicted in Kings County, 25 Dkt. No. 1 at 1, which lies within the Eastern District of California. See 28 U.S.C. § 84(b). 26 Petitioner is currently confined at Deuel Vocational Institution in San Joaquin County 27 which is also within the Eastern District. Id. Therefore, the venue for this action is in that 1 TRANSFERRED to the United States District Court for the Eastern District of California. 2 || See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b)(1). 3 The Clerk shall terminate all pending motions and transfer the entire file to the 4 || Eastern District of California. 5 IT IS SO ORDERED.

7 EDWARD J. DAVILA United States District Judge 8 9 10 11 (12

2B

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17 Z 18 19 20 21 22 23 24 25 Order of Transfer PRO-SE\EJD\HC.20\08594Ruiz_transfer(ED) 26 27

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