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Zeigler v. Benavidez

United States District Court, Northern District of California
Jul 10, 2023
23-cv-03370-SK (PR) (N.D. Cal. Jul. 10, 2023)

Opinion

23-cv-03370-SK (PR)

07-10-2023

ANTHONY LAVEL ZEIGLER, AU2467, Petitioner, v. J. BENAVIDEZ, Warden, Respondent.


ORDER OF TRANSFER

SALLIE KIM UNITED STATES MAGISTRATE JUDGE

Petitioner seeks federal habeas review of a conviction from Butte County Superior Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). He is incarcerated at the California Medical Facility in Vacaville, Solano County, 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 28 U.S.C. § 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 Butte County lies in the Eastern District of California, the court ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, this petition (and accompanying application to proceed in forma pauperis under 28 U.S.C. § 1915) be TRANSFERRED to the United States District Court for the Eastern District of California.

The clerk shall transfer this matter forthwith.

IT IS SO ORDERED.


Summaries of

Zeigler v. Benavidez

United States District Court, Northern District of California
Jul 10, 2023
23-cv-03370-SK (PR) (N.D. Cal. Jul. 10, 2023)
Case details for

Zeigler v. Benavidez

Case Details

Full title:ANTHONY LAVEL ZEIGLER, AU2467, Petitioner, v. J. BENAVIDEZ, Warden…

Court:United States District Court, Northern District of California

Date published: Jul 10, 2023

Citations

23-cv-03370-SK (PR) (N.D. Cal. Jul. 10, 2023)