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ESPINOZA-MATTHEWS v. PEOPLE

United States District Court, Northern District of California


July 29, 2003

ROBERT J. ESPINOZA-MATTHEWS, PETITIONER,
v.
PEOPLE OF THE STATE OF CALIFORNIA, RESPONDENT.

The opinion of the court was delivered by: Susan Illston, United States District Judge.

ORDER OF TRANSFER

Robert J. Espinoza-Matthews seeks to challenge his state court conviction from the Riverside County Superior Court in this habeas action. Riverside County lies within the venue of the Central District of California. Espinoza-Matthews is incarcerated in a state prison in Los Angeles County, which also lies within the venue of the Central District of California. Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241 (d); however, a petition challenging a conviction is preferably heard in the district of conviction. Habeas L.R. 2254-3(b). Because the conviction occurred in the Central District of California, pursuant to 28 U.S.C. § 1404 (a) and Habeas L.R. 2254-3(b), and in the interest of justice, this action is TRANSFERRED to the United States District Court for the Central District of California. The clerk shall transfer this matter forthwith.

IT IS SO ORDERED.

20030729

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