United States District Court, Northern District of California
March 19, 2003
JOSEPH WILLIAMS, PETITIONER,
A. A. LAMARQUE, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Vaughn R. Walker, United States District Judge.
ORDER OF TRANSFER, (Doc # 2)
Petitioner seeks federal habeas review of a conviction from the Superior Court of the State of California in and for the County of Los Angeles, which lies within the venue of the Central District of California, Western Division. See 28 U.S.C. § 84 (c)(2). Petitioner is incarcerated at Salinas Valley State Prison in Soledad, County of Monterey, which lies within the venue of this district. See id § 84(a).
Venue is proper in a habeas action in either the district of conviction or the district of confinement, see id § 2241(d); however, petitions challenging a conviction preferably are heard in the district of conviction. See Habeas LR 2254-3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (ND Cal 1993). Because the County of Los Angeles lies in the Central District of California, Western Division, the court ORDERS that pursuant to 28 U.S.C. § 1404 (a) and Habeas LR 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the United States District Court for the Central District of California, Western Division.
The Clerk shall transfer this matter and terminate all pending motions (see, e.g., doc # 2) as moot.
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