Opinion
24-CV-00728JST
03-14-2024
JOSE A. GONZALEZ, Petitioner, v. ROB ST. ANDRE, Warden Respondent.
ORDER OF TRANSFER
JON S. TIGAR, UNITED STATES DISTRICT JUDGE.
Petitioner, an inmate housed at High Desert State Prison, in Susanville, California has filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his conviction for first-degree murder and intentional discharge of a firearm causing great bodily injury or death. See generally ECF No. 1. Petitioner's conviction was obtained in Solano County and he is incarcerated in Lassen County, both of which lie within the Eastern District of California. Venue for a habeas action is proper in either the district of confinement or the district of conviction. 28 U.S.C. § 2241(d). A petition challenging a conviction or the sentence imposed is preferably heard in the district of conviction. See N.D. Cal. Habeas L.R. 2254-3(b); see also Dannenberg v. Ingle, 831 F.Supp. 767, 768 (N.D. Cal. 1993). Here, Petitioner was convicted and sentenced, and is currently confined, in the Eastern District of California. See 28 U.S.C. § 84(b). Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk is directed to close this case.
IT IS SO ORDERED.