Opinion
23-cv-01302-RMI
03-28-2023
BRIAN ANDREW SMITH, Petitioner, v. UNKNOWN, Respondent.
ORDER OF TRANSFER
ROBERT M. ILLMAN, United States Magistrate Judge.
This is a habeas case filed pro se by a prisoner. Petitioner challenges a conviction obtained in the Fresno County Superior Court. Fresno County is in the venue of the United States District Court for the Eastern District of California. Petitioner is incarcerated in this district.
Venue for a habeas action is proper in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). Petitions challenging a conviction are preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); see also Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968). Because Petitioner was convicted in the Eastern District, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
IT IS SO ORDERED.