Lowery v. State of California

Filing 3

ORDER of transfer. Signed by Judge Illston on 7/13/07. (SI, COURT STAFF) (Filed on 7/13/2007)

Lowery v. State of California

Doc. 3

Case 3:07-cv-03573-SI

Document 3

Filed 07/13/2007

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KEVIN D. LOWERY, v. Petitioner,

No. C 07-3573 SI (pr) ORDER OF TRANSFER

STATE OF CALIFORNIA, Respondent. /

Kevin D. Lowery has filed a petition for writ of habeas corpus to challenge his 2003 conviction in Butte County Superior Court. Butte County lies within the venue of the Eastern District of California. Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or the sentence imposed is preferably heard in the district of conviction. See Habeas L.R. 22543(b). Because the conviction occurred in the Eastern District of California, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter forthwith. IT IS SO ORDERED. DATED: July 13, 2007 SUSAN ILLSTON United States District Judge

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