Opinion
No. C 03-3260 MMC (PR)
August 13, 2003.
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 prisoner currently incarcerated at Pelican Bay State Prison ("PBSP") in Del Norte County. Petitioner seeks to challenge a conviction obtained in the Superior Court of El Dorado County. Del Norte County is located in the Northern District of California and El Dorado County is located in the Eastern District.See 28 U.S.C. § 84 (a), (b).
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 El Dorado County, 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. 2254-3(b).
The clerk shall transfer the action forthwith and terminate all pending motions from this Court's docket.
IT IS SO ORDERED.