Opinion
24-cv-00587 NC (PR)
02-01-2024
JOSEPH MICHAEL ANDREWS, Petitioner, v. PATRICK COVELLO, Warden, Respondent.
ORDER OF TRANSFER
NATHANAEL M. COUSINS UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner at the Mule Creek State Prison in Ione, which is in Amador 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 Los Angeles 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 currently confined in Amador 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), but was convicted in Los Angeles County, which lies within the venue of the Western Division for the Central District of California, id. § 84(c)(2). Petitions challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas L.R. 2254-3(b)(1); Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968). Therefore, venue properly lies in the Central 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 Central District of California, Western Division. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions and transfer the entire file to the Western Division for the Central District of California.
IT IS SO ORDERED.