Lopez v. Lopez

Filing 4

ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 8/3/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 8/3/2011)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 JUAN ABELARDO LOPEZ, 10 Petitioner, 11 vs. 12 RAUL LOPEZ, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) No. C 11-3101 LHK (PR) ORDER OF TRANSFER 15 Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 16 U.S.C. § 2254. Petitioner seeks habeas relief from his underlying criminal conviction and 17 sentence from the Superior Court of Tulare County, which lies in the Eastern District of 18 California. 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); however, petitions challenging a conviction or sentence are 20 preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. 21 Supp. 265, 266 (N.D. Cal. 1968). Here, the Eastern District of California is the district of 22 conviction. Accordingly, this case is TRANSFERRED to the United States District Court for the 23 Eastern District of California, the district of Petitioner’s conviction at issue in this petition. See 24 28 U.S.C. § 1404(a). The Clerk shall transfer the entire file to the Eastern District of California. 25 IT IS SO ORDERED. 26 DATED: __8/3/11_________ 27 LUCY H. KOH United States District Judge 28 Order of Transfer P:\PRO-SE\SJ.LHK\HC.11\Lopez101trans.wpd

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