United States District Court, N.D. California
September 17, 2004.
HUGH ARMY GARCIA, Petitioner,
MIKE KNOWLES, Respondent.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF TRANSFER
(Docket No. 3).
Petitioner, a California prisoner, 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 San Diego County. 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), although petitions challenging a
conviction preferably are 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). San Diego County is located in
the Southern District of California. See 28 U.S.C. § 84(d).
Accordingly, this case is TRANSFERRED to the United States
District Court for the Southern District of California. See
28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b).
The Clerk shall close the file and terminate any pending
motions on this Court's docket.
IT IS SO ORDERED.
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