Opinion
22-CV-04462-SK (PR)
08-04-2022
DANIEL AVERY GLASS, BJ3489, Petitioner, v. PATRICK COVELLO, Warden, Respondent.
ORDER OF TRANSFER
SALLIE KIM United States Magistrate Judge
Petitioner seeks federal habeas review of a state Conviction from Solano County Superior Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Petitioner is incarcerated at Mule Creek State Prison in Amador 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 Solano 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 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.