Opinion
23-cv-03587-PCP
03-01-2024
ALEC SCOTT ABRAHAM, Petitioner, v. BRIAN CATES, Respondent.
ORDER OF TRANSFER
P. Casey Pitre, United States District Judge
Petitioner, a state prisoner at California Correctional Institution, in Tehachapi, California, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1. Petitioner challenges his conviction from Orange County Superior Court. See id. at 1 (the challenged conviction is from “OC Superior Court”); see also People v. Abraham, Case No. S273392 (Cal. S.Ct.) (showing Petitioner's direct appeal came from California's Fourth District Court of Appeal).
Although venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d), petitions challenging a conviction or sentence are preferably heard in the district of conviction, Habeas L.R. 2254-3(b)(1). See also Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968). Because Petitioner challenges a conviction from Orange County, the Central District of California is the district of conviction. See 28 U.S.C. § 84(c).
Accordingly, this case is TRANSFERRED to the United States District Court for the Central District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions and transfer the entire file to the Central District of California.
IT IS SO ORDERED.