Opinion
23-cv-05514 NC (PR)
11-09-2023
CLINTON D. WALLACE, Petitioner, v. DANIAL CUEVA, Warden, Respondent.
ORDER OF TRANSFER
NATHANAEL M. COUSJNS UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner at the California Medical Facility in Vacaville, which is in Solano County, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1. Petitioner challenges his state conviction out of Solano County. Id. at 1.
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). Here, Petitioner is both currently confined in and was convicted out of Solano County, which lies within the venue of the United States District Court for the Eastern District of California. See 28 U.S.C. § 84(b).
Therefore, venue properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).
Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California.
IT IS SO ORDERED.