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Lewis v. Warden

United States District Court, Northern District of California
Jan 29, 2024
5:23-cv-06274 EJD (PR) (N.D. Cal. Jan. 29, 2024)

Opinion

5:23-cv-06274 EJD (PR)

01-29-2024

KEVIN LEWIS, Petitioner, v. WARDEN, Respondent.


ORDER OF TRANSFER

EDWARD J. DAVILA, United States District Judge.

Petitioner, a state prison proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state conviction out of the Delano, which lies within Kern County. Dkt. No. 1 at 2.

Venue for a habeas action is proper in either the district of confinement or the district of conviction. 28 U.S.C. § 2241(d). Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction or sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 31 F.Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968).

Petitioner is currently confined at CSP-Sacramento in Sacramento County, and his conviction was out of Kern County. Dkt. 1 at 2. Sacramento County and Kern County both lie within the venue of the Eastern District of California. See 28 U.S.C. § 84(b).

Therefore, venue properly lies in that 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.


Summaries of

Lewis v. Warden

United States District Court, Northern District of California
Jan 29, 2024
5:23-cv-06274 EJD (PR) (N.D. Cal. Jan. 29, 2024)
Case details for

Lewis v. Warden

Case Details

Full title:KEVIN LEWIS, Petitioner, v. WARDEN, Respondent.

Court:United States District Court, Northern District of California

Date published: Jan 29, 2024

Citations

5:23-cv-06274 EJD (PR) (N.D. Cal. Jan. 29, 2024)