United States District Court, N.D. California
January 21, 2004.
DAVID GUZMAN, Petitioner
A.A. LAMARQUE, Warden, Respondent
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF TRANSFER
The instant action is a pro se petition for a writ of habeas corpus,
filed pursuant to 28 U.S.C. § 2254 by a California prisoner currently
incarcerated at Salinas Valley State Prison in Monterey County.
Petitioner seeks to challenge a conviction obtained in the Superior Court
of Los Angeles County. Monterey County is located in the Northern
District of California and Los Angeles County is located in the Central
District. See 28 U.S.C. § 84(a),(c).
Venue for a habeas action is proper in either the district of
confinement or the district of conviction, see
28 U.S.C. § 2241(d), and petitions challenging a conviction are
heard, preferably, in the district of conviction. See Habeas L.R.
2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968);
cf. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (holding
district of confinement is best forum to review execution of sentence).
Because petitioner was convicted in Los Angeles County, this case is
TRANSFERRED to the United States District Court for the Central District
of California. See 28 U.S.C. § 1404(a); Habeas L.R.
2254-3(b). In light of this transfer, this Court will not rule on
petitioner's application to proceed in forma pauperis. The clerk shall
transfer the action forthwith and terminate all pending motions from this
IT IS SO ORDERED.
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