Opinion
22-cv-04205-SK (PR)
07-22-2022
JOEL LADON LEWIS, AD0585, Petitioner, v. THE PEOPLE OF THE STATE OF CALIFORNIA SUPERIOR COURT FOR THE COUNTY OF SAN JOAQUIN, Respondent.
ORDER OF TRANSFER
SALLIE KIM UNITED STATES MAGISTRATE JUDGE
Petitioner seeks federal habeas review of a conviction from San Joaquin 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 Salinas Valley State Prison in Monterey County, which lies within the venue of the Northern District of California. See Id. § 84(a).
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 (rather than the execution of a sentence) 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 San Joaquin 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.