Cruz v. Unknown
ORDER OF TRANSFER. Signed by Magistrate Judge Maria-Elena James on 5/28/2014. (rmm2S, COURT STAFF) (Filed on 5/28/2014) (Additional attachment(s) added on 5/28/2014: # 1 Proof of Service) (rmm2S, COURT STAFF). [Transferred from cand on 5/29/2014.]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
No. C 14-1839 MEJ (PR)
SANTIAGO JIMMY CRUZ,
United States District Court
For the Northern District of California
CHERYL K. PLILER,
ORDER OF TRANSFER
Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254. Petitioner seeks habeas relief from his underlying criminal sentence from
the Superior Court of Yolo County, which lies in the Eastern District of California. Venue
for a habeas action is proper in either the district of confinement or the district of conviction,
28 U.S.C. § 2241(d); however, petitions challenging a conviction or sentence 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). Here, the Eastern District of California is the district of
conviction. Accordingly, this case is TRANSFERRED to the United States District Court for
the Eastern District of California. See 28 U.S.C. § 1404(a). The Clerk shall transfer the
entire file to the Eastern District of California.
IT IS SO ORDERED.
May 28, 2014
United States Magistrate Judge
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