Opinion
No. C 02-3021 CRB (PR)
July 2, 2002
ORDER OF TRANSFER
Petitioner seeks federal habeas review of a conviction from the Superior Court of the State of California in and for the County of Sacramento, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84 (b). Petitioner is incarcerated at the California Correctional Institution in Tehachapi, County of Kern, 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 id § 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 the County of Sacramento lies in the Eastern District of California, the court ORDERS that pursuant to 28 U.S.C. § 1404 (a) and Habeas L.R. 2254-3(b), and in the interest ofjustice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California.
The Clerk shall transfer this atter and terminate all pending motions as moot.