(HC) Lewis v. The People of the State of CA ( 2022 )

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JOEL LADON LEWIS, AD05835, Case No. 22-cv-04205-SK (PR) 6 Petitioner, 7 y. ORDER OF TRANSFER 8 THE PEOPLE OF THE STATE OF CALIFORNIA SUPERIOR COURT FOR 9 THE COUNTY OF SAN JOAQUIN, 10 Respondent. 11 Petitioner seeks federal habeas review of a conviction from San Joaquin County Superior 12 Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. $ 84(b). 5 13 || Petitioner is incarcerated at Salinas Valley State Prison in Monterey County, which lies within the S 14 venue of the Northern District of California. See id. § 84(a). 3 15 Venue is proper in a habeas action in either the district of confinement or the district of a 16 conviction, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction (rather than the 17 execution of a sentence) preferably are heard in the district of conviction. See Habeas L.R. 2254- 18 3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 19 Because San Joaquin County lies in the Eastern District of California, the court ORDERS 20 that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of 21 || justice, this petition be TRANSFERRED to the United States District Court for the Eastern 22 || District of California. 23 The clerk shall transfer this matter forthwith. 24 IT IS SO ORDERED. 5 Dated: July 22, 2022 { ( le 26 □ SALLIE KIM 27 United States Magistrate Judge 28