Prendez v. Superior Court of California Riverside

Filing 6

ORDER TRANSFERRING CASE TO CENTRAL DISTRICT OF CALIFORNIA. Signed by Magistrate Judge Thomas S. Hixson on 11/18/2021. (Attachments: #1 Envelope Mailing Service Label)(rmm2, COURT STAFF) (Filed on 11/18/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

FILED
Nov 18 2021

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CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD PRENDEZ,
Petitioner,

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ORDER OF TRANSFER

v.

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SUPERIOR COURT OF CALIFORNIA
RIVERSIDE,

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United States District Court
Northern District of California

Case No. 21-cv-08245-TSH

Respondent.

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Petitioner is currently incarcerated at Salt Creek Camp in Paskenta, California, and is

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challenging his conviction from Riverside County Superior Court. Dkt. No. 1 at 2. Paskenta is

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located in Tehama County, which lies within the venue of the Eastern District of California.

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Riverside County lies within the venue of the Central District of California. 28 U.S.C. § 84(b)-(c).

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

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conviction. 28 U.S.C. § 2241(d). Federal courts in California traditionally have chosen to hear

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petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v.

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Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.

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1968). Here, Petitioner’s conviction was obtained in the Central District of California. Venue

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therefore properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly,

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this case is TRANSFERRED to the United States District Court for the Central District of

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California. See 28 U.S.C. § 1406(a).

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The Clerk shall transfer the file herewith.

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IT IS SO ORDERED.

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Dated: 11/18/2021

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THOMAS S. HIXSON
United States Magistrate Judge

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United States District Court
Northern District of California

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