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N.D. Cal.Procedural orderFiled Apr. 6, 2021

Ruiz

Judge
Edward Davila
Docket
5:20-cv-08594
Court
U.S. District Court · Northern District of California
Pages
2
HabeasCivil ProcedurePro Se
In one sentence

In Joey R. Ruiz v. Warden, Judge Davila transferred Ruiz’s state-prisoner habeas petition to the Eastern District of California.

Who this affects

Joey R. Ruiz’s federal petition was transferred from the Northern District of California to the Eastern District of California; the order did not resolve his habeas claims.

What happened

Joey R. Ruiz v. Warden concerns a petition by Ruiz, a state prisoner representing himself, challenging his conviction or sentence under a federal law for state prisoners.

The court found that Kings County, where Ruiz was convicted, and San Joaquin County, where he was confined, are both in the Eastern District of California. It therefore transferred the case there and directed the clerk to terminate all pending motions.

Judge Edward J. Davila issued the transfer order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ruiz · No. 5:20-cv-08594
Judge
Edward Davila
Date
Apr. 6, 2021

Background

Joey R. Ruiz, a state prisoner proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254. That law allows a state prisoner to ask a federal court to review a state-court conviction or sentence. The petition stated that Ruiz was convicted in Kings County and was confined at Deuel Vocational Institution in San Joaquin County.

Venue

The court explained that a state-prisoner habeas case may be heard in either the federal district where the prisoner is confined or the district where the conviction occurred. It also noted that California federal courts traditionally hear challenges to a conviction or sentence in the district where the conviction or sentencing took place. Kings County and San Joaquin County are both within the Eastern District of California.

Disposition

The court transferred the action to the United States District Court for the Eastern District of California under 28 U.S.C. § 1406(a) and the local habeas rules. It directed the clerk to terminate all pending motions and transfer the entire file. The order did not decide the substance of Ruiz’s habeas claims. Judge Edward J. Davila signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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