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Lopez v. Carey

United States District Court, N.D. California
Feb 5, 2003
No. C 03-0396 WHA (PR) (N.D. Cal. Feb. 5, 2003)

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).

IT IS SO ORDERED.


Summaries of

Lopez v. Carey

United States District Court, N.D. California
Feb 5, 2003
No. C 03-0396 WHA (PR) (N.D. Cal. Feb. 5, 2003)
Case details for

Lopez v. Carey

Case Details

Full title:ALBERTO LOPEZ, Petitioner, v. TOM CAREY, Warden, Respondent

Court:United States District Court, N.D. California

Date published: Feb 5, 2003

Citations

No. C 03-0396 WHA (PR) (N.D. Cal. Feb. 5, 2003)