Opinion
No. C 04-1197 TEH (pr)
March 29, 2004
ORDER OF TRANSFER
Carl Smith seeks to challenge his state court conviction in this habeas action. He states that he was convicted in Sacramento County Superior Court. Sacramento County lies within the venue of the Eastern District of California. Smith is incarcerated at the Atascadero State Hospital in San Luis Obispo County, which lies within the venue of the Central District of California. Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, a petition challenging a conviction is preferably heard in the district of conviction. Habeas L.R. 2254-3(b). Because the conviction occurred in the Eastern District of California, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter forthwith.
IT IS SO ORDERED.