Opinion
No. C 03-817 SI (pr).
March 10, 2003
ORDER OF TRANSFER
Mario Stanford seeks to challenge his state court conviction in this habeas action. He states that he was convicted in Solano County Superior Court. Solano County lies within the venue of the Eastern District of California. Stanford is incarcerated in the High Desert State Prison in Lassen County, which also lies within the venue of the Eastern 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 (and petitioner is confined in that district), 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.