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Kinnamon v. Gipson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Nov 18, 2011
No. C 11-5087 PJH (PR) (N.D. Cal. Nov. 18, 2011)

Opinion

No. C 11-5087 PJH (PR)

11-18-2011

TODD LEE KINNAMON, Petitioner, v. G. GIPSON, Warden, Respondent.


ORDER OF TRANSFER

This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a restitution requirement that was part of a sentence imposed by the Superior Court in and for Ventura County. Ventura County is in the venue of the United States District Court for the Central District of California. Petitioner is incarcerated at Corcoran State Prison, which is in the Eastern District.

Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Ventura County, this case is TRANSFERRED to the United States District Court for the Central District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).

IT IS SO ORDERED.

PHYLLIS J. HAMILTON

United States District Judge

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Summaries of

Kinnamon v. Gipson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Nov 18, 2011
No. C 11-5087 PJH (PR) (N.D. Cal. Nov. 18, 2011)
Case details for

Kinnamon v. Gipson

Case Details

Full title:TODD LEE KINNAMON, Petitioner, v. G. GIPSON, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Date published: Nov 18, 2011

Citations

No. C 11-5087 PJH (PR) (N.D. Cal. Nov. 18, 2011)