From Casetext: Smarter Legal Research

Andrews v. Covello

United States District Court, Northern District of California
Feb 1, 2024
24-cv-00587 NC (PR) (N.D. Cal. Feb. 1, 2024)

Opinion

24-cv-00587 NC (PR)

02-01-2024

JOSEPH MICHAEL ANDREWS, Petitioner, v. PATRICK COVELLO, Warden, Respondent.


ORDER OF TRANSFER

NATHANAEL M. COUSINS UNITED STATES MAGISTRATE JUDGE

Petitioner, a state prisoner at the Mule Creek State Prison in Ione, which is in Amador County, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1. Petitioner challenges his state conviction out of Los Angeles County. Id. at 1.

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). Here, Petitioner is currently confined in Amador County, which lies within the venue of the United States District Court for the Eastern District of California, see 28 U.S.C. § 84(b), but was convicted in Los Angeles County, which lies within the venue of the Western Division for the Central District of California, id. § 84(c)(2). Petitions challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas L.R. 2254-3(b)(1); Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968). Therefore, venue properly lies in the Central District and not in this one. See 28 U.S.C. § 1391(b).

Accordingly, this case is TRANSFERRED to the United States District Court for the Central District of California, Western Division. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions and transfer the entire file to the Western Division for the Central District of California.

IT IS SO ORDERED.


Summaries of

Andrews v. Covello

United States District Court, Northern District of California
Feb 1, 2024
24-cv-00587 NC (PR) (N.D. Cal. Feb. 1, 2024)
Case details for

Andrews v. Covello

Case Details

Full title:JOSEPH MICHAEL ANDREWS, Petitioner, v. PATRICK COVELLO, Warden, Respondent.

Court:United States District Court, Northern District of California

Date published: Feb 1, 2024

Citations

24-cv-00587 NC (PR) (N.D. Cal. Feb. 1, 2024)