Beard v. Macomber
ORDER OF TRANSFER (Illston, Susan) (Filed on 7/21/2014)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
No. C 14-3225 SI (pr)
ORDER OF TRANSFER
United States District Court
For the Northern District of California
Robert Beard, an inmate at California State Prison - Sacramento, has filed a petition for
writ of habeas corpus to challenge his conviction from the Los Angeles County Superior Court.
(Although he does not plead where the conviction occurred, he does allege that the sentence was
imposed on him on June 7, 2006. That is the date of the conviction challenged in a petition he
filed last year in which he identified the conviction as having occurred in the Los Angeles
County Superior Court. See Docket # 1 at 2 in Beard v. Cate, No. 13-2808 SI.). Los Angeles
County lies within the venue of the Central District of California. The facility Beard is
incarcerated at is in Sacramento County, 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 convic-
tion, 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 N. D. Cal. Habeas L.R. 2254-3(b). Because
the conviction occurred in the Central 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 Central District of California. The clerk shall transfer this
IT IS SO ORDERED.
DATED: July 21, 2014
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?