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)

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FILED Nov 18 2021 1 CLERK, U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RICHARD PRENDEZ, Petitioner, 8 ORDER OF TRANSFER v. 9 10 SUPERIOR COURT OF CALIFORNIA RIVERSIDE, 11 United States District Court Northern District of California Case No. 21-cv-08245-TSH Respondent. 12 Petitioner is currently incarcerated at Salt Creek Camp in Paskenta, California, and is 13 14 challenging his conviction from Riverside County Superior Court. Dkt. No. 1 at 2. Paskenta is 15 located in Tehama County, which lies within the venue of the Eastern District of California. 16 Riverside County lies within the venue of the Central District of California. 28 U.S.C. § 84(b)-(c). 17 Venue for a habeas action is proper in either the district of confinement or the district of 18 conviction. 28 U.S.C. § 2241(d). Federal courts in California traditionally have chosen to hear 19 petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 20 Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 21 1968). Here, Petitioner’s conviction was obtained in the Central District of California. Venue 22 therefore properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, 23 this case is TRANSFERRED to the United States District Court for the Central District of 24 California. See 28 U.S.C. § 1406(a). 25 // 26 // 27 // 28 // 1 The Clerk shall transfer the file herewith. 2 IT IS SO ORDERED. 3 Dated: 11/18/2021 4 THOMAS S. HIXSON United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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