McIntyre v. State of California

Filing 3

ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 10/30/08. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 10/30/2008) (Additional attachment(s) added on 10/31/2008: # 2 Docket Sheet) (far, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 v. STATE OF CALIFORNIA, Respondent. / PETER McINTYRE, Petitioner, No. C 08-4825 PJH (PR) ORDER OF TRANSFER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a

14 conviction obtained in the Superior Court in and for Orange County. Orange County is in 15 the venue of the United States District Court for the Central District of California. Petitioner 16 is incarcerated at the Antelope Conservation Camp in Susanville, which is in the Eastern 17 District. 18 Venue for a habeas action is proper in either the district of confinement or the district

19 of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a 20 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. 21 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Orange 22 County, this case is TRANSFERRED to the United States District Court for the Central 23 District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 24 IT IS SO ORDERED. PHYLLIS J. HAMILTON United States District Judge

25 Dated: October 30, 2008. 26 27 28 G:\PRO-SE\PJH\HC.08\MCINTYRE4825.TRN.wpd