DuBose v. Adams
ORDER OF TRANSFER. Case is transferred to the United States District Court, Eastern District of California. Signed by Magistrate Judge Sallie Kim on 3/13/2017. (Attachments: # 1 Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 3/13/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CYNTHIA A. DuBOSE, WE4428,
Case No. 17-0837 SK (PR)
ORDER OF TRANSFER
DERRAL G. ADAMS, Warden,
United States District Court
Northern District of California
Petitioner seeks federal habeas review of a conviction from Butte County Superior
Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. §
84(b). Petitioner is incarcerated at the Central California Women’s Facility in Chowchilla,
Madera County, which also lies within the venue of the Eastern District. See id.
Venue is proper in a habeas action in either the district of confinement or the district
of conviction, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction
preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg
v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).
Because Butte County lies in the Eastern District of California, the court ORDERS
that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest
of justice, this petition be 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: March 13, 2017
United States Magistrate Judge
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