Soliz v. Tehama County Superior Court

Filing 6

ORDER OF TRANSFER. Case transferred to Eastern District of California. Signed by Judge Elizabeth D. Laporte on 8/18/2016. (afmS, COURT STAFF) (Filed on 8/18/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 RUBEN SOLIZ, 6 Case No. 16-cv-04297 EDL (PR) Petitioner, 7 ORDER OF TRANSFER v. 8 9 ERIC ARNOLD, Warden, 10 Respondent. United States District Court Northern District of California 11 12 13 Petitioner, a state prisoner proceeding pro se, filed a federal petition for writ of habeas 14 corpus, pursuant to 28 U.S.C. § 2254 challenging his conviction obtained in the Superior Court of 15 Tehama County.1 Tehama County is located within the venue of the United States District Court 16 for the Eastern District of California. Venue for a habeas action is proper in either the district of 17 confinement or the district of conviction. See 28 U.S.C. § 2241(d). Because petitions challenging 18 a conviction are preferably heard in the district of conviction, see Habeas L.R. 2254-3(a); Laue v. 19 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Tehama County, 20 this case is TRANSFERRED to the United States District Court for the Eastern District of 21 California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 22 23 IT IS SO ORDERED. DATED: August 18, 2016 ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 Petitioner has consented to magistrate judge jurisdiction. See Dkt. No. 5. Case No. 16-cv-04297 EDL (PR) ORDER OF TRANSFER 1

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