From Casetext: Smarter Legal Research

Tomita v. Runnels

United States District Court, N.D. California
Oct 29, 2003
No. C 03-4815 WHA (PR) (N.D. Cal. Oct. 29, 2003)

Opinion

No. C 03-4815 WHA (PR)

October 29, 2003


ORDER OF TRANSFER


Petitioner seeks to challenge 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). Solano County is in the venue of the United States District Court for the Eastern District of California. Petitioner is incarcerated at High Desert State Prison, which also is in the Eastern District. Therefore venue is proper only in the Eastern District, not here.

This case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). Because of the transfer, the Court has not ruled on petitioner's request to proceed in forma pauperis.

IT IS SO ORDERED.


Summaries of

Tomita v. Runnels

United States District Court, N.D. California
Oct 29, 2003
No. C 03-4815 WHA (PR) (N.D. Cal. Oct. 29, 2003)
Case details for

Tomita v. Runnels

Case Details

Full title:DAMYON TOMITA, Petitioner, v. D.L. RUNNELS, Warden, Respondent

Court:United States District Court, N.D. California

Date published: Oct 29, 2003

Citations

No. C 03-4815 WHA (PR) (N.D. Cal. Oct. 29, 2003)