Opinion
No. C 01-1581 CRB (PR)
May 3, 2001
ORDER OF TRANSFER
Petitioner challenges a conviction from the Superior Court of California in and for the County of Merced, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84 (b). Petitioner is incarcerated at Salinas Valley State Prison in the County of Monterey, which lies within the venue of this court. See id. § 84(a).
Venue is proper in a habeas action in either the district of confinement 01. 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 Merced 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 interests of justice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California.
The Clerk is directed to transfer this matter forthwith.
SO ORDERED.