Opinion
24-cv-01037 NC (PR)
02-28-2024
ZACHARY LLOYD KALSO, Petitioner, v. BUTTE COUNTY SUP. CT., Respondent.
ORDER OF TRANSFER
NATHANAEL M. COUSINS, UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner at the Corrections Division in Butte 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 Butte County. Id. at 2.
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 was both convicted and is currently confined in Butte 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). Therefore, venue properly lies in the Eastern 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 Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California.
IT IS SO ORDERED.