Miller v. Curry Doc.

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Case 3:07-cv-03662-SI Document 3 Filed 07/23/2007 Page 1 of 1

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5 UNITED STATES DISTRICT COURT
6 NORTHERN DISTRICT OF CALIFORNIA
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8 BARRY DEAN MILLER, No. C 07-3662 SI (pr)
9 Petitioner, ORDER OF TRANSFER
v.
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BEN CURRY, warden,
For the Northern District of California

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Respondent.
United States District Court

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Barry Dean Miller has filed a petition for writ of habeas corpus to challenge the sentence
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imposed on his 2002 conviction in Madera County Superior Court. Madera County lies within
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the venue of the Eastern District of California. Venue is proper in a habeas action in either the
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district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, a petition
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challenging a conviction or the sentence imposed is preferably heard in the district of conviction.
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See Habeas L.R. 2254-3(b). Because the conviction and sentence occurred in the Eastern Dis-
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trict of California, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the
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interests of justice, this action is TRANSFERRED to the United States District Court for the
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Eastern District of California. The clerk shall transfer this matter forthwith.
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IT IS SO ORDERED.
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DATED: July 23, 2007
24 SUSAN ILLSTON
United States District Judge
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