Lopez v. Lopez
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JUAN ABELARDO LOPEZ,
No. C 11-3101 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 conviction and
sentence from the Superior Court of Tulare 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 district of
conviction. Accordingly, this case is TRANSFERRED to the United States District Court for the
Eastern District of California, the district of Petitioner’s conviction at issue in this petition. 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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