Thao v. Anglea

Filing 3

ORDER Transferring Case to the Sacramento Division of the United States District Court for the Eastern District of California signed by Magistrate Judge Sheila K. Oberto on 01/08/2018. New Case Number 2:18-cv-42 EFB.(Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
XOU THAO,

1:18-cv-00028 SKO (HC)

12
Petitioner,
13

ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

v.
14
H.B. ANGLEA,
15
Respondent.
16
17
18
19

Petitioner, Xou Thao, a state prisoner proceeding pro se, filed a habeas corpus action
pursuant to 28 U.S.C. ' 2254 on January 5, 2018.

Petitioner is challenging constitutional

violations related to his trial in the Sacramento Superior Court. Sacramento is within the venue of

20
the Sacramento Division of the U.S. District Court for the Eastern District of California.
21
22

Venue for a habeas action is proper in either the district of confinement or the district of

23

conviction. 38 U.S.C. § 2241 (d). In a state with multiple federal districts, the District Court of

24

the district in which a petitioner is confined may, in its discretion, transfer a petition concerning

25

conviction and sentencing to the district in which the petitioner was convicted and sentenced.

26

Such transfer generally furthers judicial economy since the witnesses and documentation are

27

present in the district of conviction and sentencing.

28
1

1
2

Accordingly, the Court hereby ORDERS that this case be TRANSFERRED to the
Sacramento Division of the United States District Court for the Eastern District of California.

3
4

IT IS SO ORDERED.

5
6

Dated:

January 8, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.