Garcia v. Knowles

Full title: HUGH ARMY GARCIA, Petitioner, v. MIKE KNOWLES, Respondent

Court: United States District Court, N.D. California

Date published: Sep 17, 2004

No. C 04-2594 MMC(PR) (N.D. Cal. Sep. 17, 2004)

Opinion

No. C 04-2594 MMC(PR).

September 17, 2004

ORDER OF TRANSFER (Docket No. 3).

MAXINE CHESNEY, District Judge

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.