Thornell v. Johnson

Filing 6

ORDER TRANSFERRING CASE to Central District of California, Eastern Division. Signed by Judge Charles R. Breyer on 7/29/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/30/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LESLIE THORNELL, W-89789,

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Petitioner,
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vs.
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D. K. JOHNSON, Warden,
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Respondent.
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No. C 13-2850 CRB (PR)
ORDER OF TRANSFER
(Docket #5)

Petitioner seeks federal habeas review of a conviction from Riverside County

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Superior Court, which lies within the venue of the Central District of California, Eastern

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Division. See 28 U.S.C. § 84(c)(1). Petitioner is incarcerated at Central California

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Women’s Facility in Chowchilla, Madera County, which lies within the venue of the

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Eastern District of California. See id. § 84(b).

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Venue is proper in a habeas action in either the district of confinement or the

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district of conviction, see id. § 2241(d); however, petitions challenging a conviction

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preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a);

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Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).

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Because Riverside County lies in the Central District of California, Eastern

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Division, the court ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local

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Rule 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the

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United States District Court for the Central District of California, Eastern Division.

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The clerk shall transfer this matter and terminate all pending motions as moot.

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SO ORDERED.

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DATED: July 29, 2013

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CHARLES R. BREYER
United States District Judge
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