Payne v. King
ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on April 15, 2014. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 4/15/2014)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 14-cv-01078-JST (PR)
ORDER OF TRANSFER
United States District Court
Northern District of California
On March 7, 2014, petitioner, a civil detainee confined at Coalinga State Hospital and
awaiting civil commitment proceedings, filed the above-titled pro se petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Petitioner is being held pursuant to an order of the Tulare
County Superior Court.
Tulare County lies within the venue of the Eastern District of California. Coalinga State
Hospital, where petitioner is confined, is also 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), although a petition challenging a conviction or the sentence
imposed is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b).
Here, the proper venue is the Eastern District of California because petitioner was committed and
is confined in that district. Pursuant to 28 U.S.C. § 1406(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: April 15, 2014
JON S. TIGAR
United States District Judge
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