(HC) Price v. Warden ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SCOTT RICHARD PRICE, Case No. 21-cv-09468-RMI 8 Petitioner, ORDER OF TRANSFER 9 v. 10 WARDEN, ll Respondent. 12 13 This is a habeas case filed pro se by a prisoner. Petitioner challenges a conviction obtained 14 || in the Sacramento County Superior Court. Sacramento County is in the venue of the United States 3 15 || District Court for the Eastern District of California. Petitioner is also incarcerated in the Eastern A 16 District. 5 17 Venue for a habeas action is proper in either the district of confinement or the district of 18 || conviction. See 28 U.S.C. § 2241(d). This district is neither. Petitions challenging a conviction are 19 || preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); see also Laue v. Nelson, 20 || 279 F. Supp. 265, 266 (N.D. Cal. 1968). Because Petitioner was convicted in the Eastern District, 21 and is being held in that district, this case is TRANSFERRED to the United States District Court 22 for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 23 IT IS SO ORDERED. 24 || Dated: January 3, 2022 25 Ml Z 26 ROBERT M. ILLMAN 27 United States Magistrate Judge 28