Opinion
No. C 02-5099 CRB (PR)
November 11, 2002
ORDER OF TRANSFER
Petitioner seeks federal habeas review of a conviction from the Superior Court the State of California in and for the County of Solano, 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 Soledad, 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 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 Solano 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 of justice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California.
The Clerk shall transfer this all pending motions as moot.
SO ORDERED.