Sala v. Shasta County Superior Court

Full title: Walter D. Sala, Petitioner, v. Shasta County Superior Court, Respondent

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

Date published: Feb 11, 2003

No. C 03-0545 CRB (PR) (N.D. Cal. Feb. 11, 2003)

Opinion

No. C 03-0545 CRB (PR)

February 11, 2003

ORDER OF TRANSFER

CHARLES R. BREYER, United States District Judge

Petitioner seeks federal habeas review of a conviction from the Superior Court o the State of California in and for the County of Shasta, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Petitioner is incarcerated at the Sierra Conservation Center in Jamestown, County of Tuolumne, which also lies within the venue of the Eastern District of California. See id.

Venue is proper in a habeas action in either the district of confinement or the district of conviction see id. § 2241(d); however, petitions challenging a conviction preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).

Because the County of Shasta lies in the Eastern District of California, the court ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the United states District Court for the Eastern District of California.

The Clerk shall transfer this matter and terminate all pending motions as moot.

SO ORDERED.