Kimble v. People of the State of California
ORDER TRANSFERRING CASE to Eastern District of California. Signed by Judge Nandor J. Vadas on 6/12/2017. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 6/12/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
LARRY CUNNIGHAM KIMBLE,
Case No. 17-cv-2581-NJV (PR)
ORDER OF TRANSFER
United States District Court
Northern District of California
PEOPLE OF THE STATE OF
Docket Nos. 2, 6
This is a habeas corpus petition filed pro se by a state prisoner. Petitioner challenges a
conviction obtained in the San Joaquin County Superior Court. San Joaquin County is in the
venue of the United States District Court for the Eastern District of California. Petitioner is also
incarcerated 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); 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 is incarcerated
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). All pending
motions are vacated and will be addressed in the Eastern District.
IT IS SO ORDERED.
Dated: June 12, 2017
NANDOR J. VADAS
United States Magistrate Judge
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