(HC)Lopez v. Robinson ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 ANDREW R. LOPEZ, Case No. 20-07619 SVK (PR) 9 Petitioner, ORDER OF TRANSFER 10 v. 11 JAMES ROBERTSON, et al., 12 Respondent. 13 14 Petitioner, a state prisoner at Pelican Bay State Prison, has filed a petition for a writ of 15 habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his state conviction from the 16 Superior Court of Stanislaus County. Venue for a habeas action is proper in either the district of 17 confinement or the district of conviction. See 28 U.S.C. § 2241(d). However, petitions 18 challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas 19 L.R. 2254-3(b)(1); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Here, because 20 petitioner challenges a conviction from Stanislaus County, the Eastern District of California is the 21 district of conviction. 22 /// 23 /// 24 /// 25 Accordingly, this case is TRANSFERRED to the United States District Court for the 26 Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending 1 motions and transfer the entire file to the Eastern District of California. 2 IT IS SO ORDERED. 3 DATED: _ December 1, 2020 □□□ Kul— SUSAN VAN KEULEN 4 United States Magistrate Judge 5 6 7 8 9 10 11 13 14 15 16 = 17 18 19 20 21 22 23 24 25 26 27 Case No. 20-07619 SVK (PR) ORDER OF TRANSFER