Opinion
No. C 03-0396 WHA (PR)
February 5, 2003
ORDER OF TRANSFER
Petitioner seeks to challenge a conviction obtained in the Superior Court of Los Angeles County. Los Angeles county is in the venue of the United States District Court for the Central District of California. Petitioner is incarcerated at an institution which is in the venue of the United States District Court for 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); however, petitions challenging a conviction are preferably heard in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
Because petitioner was convicted in Los Angeles County, this case is TRANSFERRED to the United States District Court for the Central District of California. See 28 U.S.C. § 1406(a); Habeas L.R 2254-3(b).