Opinion
C 04-0541 MMC(PR)
March 2, 2004
ORDER OF TRANSFER
Petitioner, a California prisoner incarcerated in Lassen County, California, has filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges a conviction obtained in the Superior Court of Solano County. Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); although petitions challenging a conviction are preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968); cf. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (holding district of confinement is proper forum to review execution of sentence). The venue for Solano and Lassen Counties is the United States District Court for the Eastern District of California. See 28 U.S.C. § 84(b).
Because venue is proper in the Eastern District, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b).
The Clerk shall transfer this matter forthwith and terminate any pending motions.
IT IS SO ORDERED.