Opinion
No. C 02-3502 VRW (PR)
July 31, 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 Placer, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Petitioner is incarcerated at the California Men's Colony in San Luis Obispo, County of San Luis Obispo, which lies within the venue of the Central District of California, Western Division. See id. § 84(c)(2).
Venue is proper in a habeas action in either the district of conviction or the district of confinement, see id. § 2241(d); however, petitions challenging a conviction preferably are heard in the district of conviction. See Habeas LR 2254-3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D.Cal. 1993).
Because the County of Placer lies in the Eastern District of California, the court ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas LR 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California.
Petitioner's other petition for a writ of habeas corpus, in which he seeks review of a conviction from the Superior Court of the State of California in and for the County of Lake, which lies in the venue of this court, properly remains in this court. See Currie v. Blanks, No. C 02-3287 (N.D.Cal. filed July 9, 2002).
The Clerk shall transfer this matter and terminate all pending motions as moot.
SO ORDERED.