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GARCIA v. KNOWLES

United States District Court, N.D. California


September 17, 2004.

HUGH ARMY GARCIA, Petitioner,
v.
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.

20040917

© 1992-2004 VersusLaw Inc.



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