Opinion
No. C 03-1312 WHA (PR)
April 1, 2003
ORDER OF TRANSFER
Petitioner seeks to challenge a conviction obtained in the Superior Court of Sacramento County. Sacramento County is in the venue of the United States District Court for the Eastern District of California. Petitioner is incarcerated at Corcoran State Prison, which also 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). In this case both are the Eastern District. Venue is not proper here.
Because petitioner was convicted in the Eastern District and is confined there, this case is TRANSFERRED in the interests of justice 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.