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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KEITH DESMOND TAYLOR,

Petitioner,

v.

MICHAEL SMITH,

Respondent.

Case No. 17-cv-00807-DMR (PR)

ORDER OF TRANSFER

Petitioner, a condemned prisoner incarcerated at San Quentin State Prison, has filed this 

pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity 

of his conviction obtained in the San Bernardino County Superior Court. Dkt. 1. He has not filed 

an in forma pauperis application.

On February 17, 2017, Petitioner consented to magistrate judge jurisdiction. Dkt. 2.

A petition for a writ of habeas corpus made by a person in custody under the judgment and 

sentence of a state court of a State which contains two or more federal judicial districts may be 

filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 

The district court where the petition is filed, however, may transfer the petition to the other district

in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear 

petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 

Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.

1968). If the petition is directed to the manner in which a sentence is being executed, e.g., if it 

involves parole or time credits claims, the district of confinement is the preferable forum. See 

Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).

Here, Petitioner challenges a conviction and sentence incurred in the San Bernardino

County Superior Court, which is within the venue of the Eastern Division of the Central District of

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United States District Court

Northern District of California

California. Therefore, the United States District Court for the Eastern Division of the Central 

District of California has jurisdiction over this matter.

Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice,

this action is TRANSFERRED to the Eastern Division of the United States District Court for the

Central District of California. Therefore, the Clerk of the Court shall transfer the case forthwith.

If Petitioner wishes to further pursue this action, he must complete the in forma pauperis

application required by the Eastern Division of the United States District Court for the Central

District of California and mail it to that district.

IT IS SO ORDERED.

Dated: March 9, 2017

DONNA M. RYU

United States Magistrate Judge

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KEITH DESMOND TAYLOR,

Plaintiff,

v.

MICHAEL SMITH,

Defendant.

Case No. 4:17-cv-00807-DMR 

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 

District Court, Northern District of California.

That on March 9, 2017, I SERVED a true and correct copy(ies) of the attached, by placing 

said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 

depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 

receptacle located in the Clerk's office.

Keith Desmond Taylor ID: H46885

San Quentin State Prison

San Quentin, CA 94974 

Dated: March 9, 2017

Susan Y. Soong

Clerk, United States District Court

By:________________________

Ivy Lerma Garcia, Deputy Clerk to the 

Honorable DONNA M. RYU

Case 4:17-cv-00807-DMR Document 4 Filed 03/09/17 Page 3 of 3