Beard v. People of the State of California

Filing 4

ORDER OF TRANSFER (Illston, Susan) (Filed on 12/13/2013)

1
2
3
4

UNITED STATES DISTRICT COURT
5

NORTHERN DISTRICT OF CALIFORNIA
6
7
8

ROBERT BEARD,
Petitioner,

9

United States District Court
For the Northern District of California

10
11
12

No. C 13-4651 SI (pr)
ORDER OF TRANSFER

v.
PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
/

13
14

Robert Beard, an inmate at Salinas Valley State Prison in Soledad, California, has filed

15

a petition for writ of habeas corpus to challenge his conviction from the Los Angeles County

16

Superior Court, asserting that his appellate attorney provided inadequate representation. Los

17

Angeles County lies within the venue of the Central District of California. The facility Beard

18

is incarcerated at is in Monterey County, within the venue of the Northern District of California.

19

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

20

tion, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or the sentence imposed

21

is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b). Because

22

the conviction occurred in the Central District of California, pursuant to 28 U.S.C. § 1404(a) and

23

Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the

24

United States District Court for the Central District of California. The clerk shall transfer this

25

matter forthwith.

26

IT IS SO ORDERED.

27

DATED: December 13, 2013

28

SUSAN ILLSTON
United States District Judge