Opinion
No. C 03-5164 MMC (PR), (Docket No. 3)
January 21, 2004
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 Court's docket.
IT IS SO ORDERED.