Opinion
24-cv-04174-RMI
07-18-2024
NICOLE MARIE ADAMIK, Petitioner, v. SAN JOAQUIN COUNTY SHERIFF DEPUTY PRICE, et al., Respondents.
ORDER OF TRANSFER
This is a habeas case filed pro se by a prisoner. Petitioner challenges a parole revocation and ongoing criminal prosecution, both in San Joaquin County. San Joaquin County is in the venue of the United States District Court for the Eastern District of California. Petitioner is also incarcerated in the Eastern District.
Venue for a habeas action is proper in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). This district is neither. Petitions challenging a conviction are preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); see also Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968). Because Petitioner's parole was revoked in the Eastern District, and he is being prosecuted and being held in that district, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
IT IS SO ORDERED.