Gaston v. Hedgepeth
ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 5/30/12. (Attachments: # 1 certificate of service)(mpb, COURT STAFF) (Filed on 6/1/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
MARLON LEROY ROBERSON,
SACRAMENTO COUNTY SUPERIOR
No. C 12-2486 LHK (PR)
ORDER OF TRANSFER
Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. Petitioner seeks habeas relief from his underlying criminal sentence from the
Superior Court of Sacramento County, which lies in the Eastern District of California. Venue for
a habeas action is proper in either the district of confinement or the district of conviction, 28
U.S.C. § 2241(d); however, petitions challenging a conviction or sentence are preferably heard
in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266
(N.D. Cal. 1968). Here, the Eastern District of California is the the district of conviction.
Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern
District of California. See 28 U.S.C. § 1404(a). The Clerk shall transfer the entire file to the
Eastern District of California.
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge
Order of Transfer
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