Som v. Evans

Filing 3

ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 6/27/07. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 6/27/2007)

Som v. Evans

Doc. 3

Case 3:07-cv-03181-PJH

Document 3

Filed 06/27/2007

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 v. MIKE S. EVANS, Warden, Respondent. SOPHASON SOM, Petitioner,

NOT FOR CITATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 07-3181 PJH (PR) ORDER OF TRANSFER

United United States District Court

11
For the Northern District of California

/

12

This is a habeas case filed pro se by a state prisoner. Petitioner sent it to the United

13 States Court of Appeals for the Ninth Circuit, which forwarded it here. 14 Petitioner seeks to challenge a conviction obtained in the Superior Court in and for

15 San Joaquin County. San Joaquin County is in the venue of the United States District Court 16 for the Eastern District of California. Petitioner is incarcerated at Salinas Valley State 17 Prison, which is in this district. Venue for a habeas action is proper in either the district of 18 confinement or the district of conviction, 28 U.S.C. § 2241(d), so venue here is not incorrect; 19 however, petitions challenging a conviction are preferably heard in the district of conviction. 20 Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Because 21 petitioner was convicted in San Joaquin County, this case is TRANSFERRED to the United 22 States District Court for the Eastern District of California. See 28 U.S.C. § 1404(a); Habeas 23 L.R. 2254-3(b). 24 25 26 27 Dated: June 27, 2007. 28
G:\PRO-SE\PJH\HC.07\SOM181.TRN

IT IS SO ORDERED.

PHYLLIS J. HAMILTON United States District Judge

Dockets.Justia.com