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BROOKS v. CASTRO

United States District Court, Northern District of California


September 3, 2003

TIMOTHY BRYAN BROOKS, PETITIONER,
v.
WARDEN CASTRO, SUSANVILLE STATE PRISON, RESPONDENT.

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

ORDER OF TRANSFER

Timothy Bryan Brooks has filed a petition for writ of habeas corpus to challenge his state court conviction from the Sacramento County Superior Court. Sacramento County lies within the venue of the Eastern District of California. Brooks is incarcerated in a state prison in Susanville in Lassen County, which also lies within the venue of the Eastern 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 Eastern 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 Eastern District of California. The clerk shall transfer this matter forthwith.

IT IS SO ORDERED.

20030903

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