Johnson v. People of the State of California
ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 2/1/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/4/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
MICHAEL O. JOHNSON, AK8542,
M. SPEARMAN, Warden,
No. C 13-0435 CRB (PR)
ORDER OF TRANSFER
Petitioner seeks federal habeas review of a conviction from San Joaquin County
Superior Court, which lies within the venue of the Eastern District of California. See 28
U.S.C. § 84(b). Petitioner is incarcerated at the Correctional Training Facility in
Monterey County, which lies within the venue of this district. See id. § 84(a).
Venue is proper in a habeas action in either the district of confinement or the
district of conviction, see id. § 2241(d); however, petitions challenging a conviction
preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a);
Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).
Because San Joaquin County lies in the Eastern District of California, the court
ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in
the interest of justice, this petition be TRANSFERRED to the United States District
Court for the Eastern District of California.
The clerk shall transfer this matter and terminate all pending motions as moot.
DATED: Feb. 1, 2013
CHARLES R. BREYER
United States District Judge
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