Ward v. Superior Court of Merced

Full title: JOHNNY L. WARD, Petitioner, v. SUPERIOR COURT OF MERCED, Respondent

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

Date published: Sep 1, 2004

No. C 04-2351 MMC(PR), (Docket No. 2) (N.D. Cal. Sep. 1, 2004)

Opinion

No. C 04-2351 MMC(PR), (Docket No. 2).

September 1, 2004

ORDER OF TRANSFER

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 Merced 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). Merced County is located in the Eastern District of California. See 28 U.S.C. § 84(b).

Accordingly, 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 close the file and terminate any pending motions on the court's docket.

IT IS SO ORDERED.