United States District Court, N.D. California
March 2, 2004.
WILLIAM A. ROMERO, Petitioner,
C. RUNNELS, Warden, Respondent
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF TRANSFER
Petitioner, a California prisoner incarcerated in Lassen County,
California, has filed this pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. He challenges a conviction obtained in
the Superior Court of Solano County. Venue for a habeas action is proper
in either the district of confinement or the district of conviction,
28 U.S.C. § 2241(d); although petitions challenging a conviction 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); cf. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989)
(holding district of confinement is proper forum to review execution of
sentence). The venue for Solano and Lassen Counties is the United States
District Court for the Eastern District of California. See
28 U.S.C. § 84(b).
Because venue is proper in the Eastern District, this case is
TRANSFERRED to the United States District Court for the Eastern District
of California. See 28 U.S.C. § 1404(a); Habeas L.R.
The Clerk shall transfer this matter forthwith and terminate any
IT IS SO ORDERED.
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