Davis v. T.C.C.F.
ORDER TRANSFERRING CASE. Signed by Judge Nandor J. Vadas on 5/26/2016. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 5/26/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DAVID B. DAVIS,
For the Northern District of California
United States District Court
No. C 16-1737 NJV (PR)
ORDER OF TRANSFER
This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge
a conviction obtained in the Shasta County Superior Court. Shasta County is in the venue
of the United States District Court for the Eastern District of California. Petitioner is
incarcerated in Mississippi.
Venue for a habeas action is proper in either the district of confinement or the district
of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a
conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.
Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted and 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. § 1406(a); Habeas L.R. 2254-3(b).
IT IS SO ORDERED.
Dated: May 26, 2016.
NANDOR J. VADAS
United States Magistrate Judge
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