Opinion
24-cv-00032-SK (PR)
01-05-2024
RONALD D. YOUNG, E65018, Petitioner, v. CHARLES SCHUYLER, Acting Warden, Respondent.
ORDER OF TRANSFER
SALLIE KIM, United States Magistrate Judge.
Petitioner seeks federal habeas review of a 1990 criminal conviction and life sentence from Solano 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 this Court. See id. § 84(a).
Venue is proper in a habeas action in either the district of confinement or the district of conviction and sentencing, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction and/or sentence preferably are heard in the district of conviction and sentencing. See Habeas L.R. 2254-3(a); Dannenberg v. Ingle, 831 F.Supp. 767, 767 (N.D. Cal. 1993).
Because Solano 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.