(HC) Johnson v. State of California ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANDREW JOHNSON, G57626, Case No. 22-cv-01569-SK (PR) 8 Petitioner, 9 y. ORDER OF TRANSFER 10 STATE OF CALIFORNIA, 11 Respondent. 12 Petitioner seeks federal habeas review of a conviction from Solano County Superior Court, 5 13 which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). S 14 || Petitioner is incarcerated at the California Health Care Facility — Stockton in San Joaquin County, 3 15 which also lies within the venue of the Eastern District of California. See id. a 16 Venue is proper in a habeas action in either the district of confinement or the district of 3 17 || conviction, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction (rather than the 18 || execution of a sentence) preferably are heard in the district of conviction. See Habeas L.R. 2254- 19 3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 20 Because Solano County lies in the Eastern District of California, the court ORDERS that 71 pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, 22 || this petition be TRANSFERRED to the United States District Court for the Eastern District of 23 || California. 24 The clerk shall transfer this matter forthwith. 25 IT IS SO ORDERED. 26 || Dated: March 21, 2022 27 Atlin ow SALLIE KIM 28 United States Magistrate Judge