(HC) Baker v. Superior Courts of California ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JAMAUL LEE BAKER, BE6323, Case No. 24-cv-00449-SK (PR) 6 Petitioner, 7 y. ORDER OF TRANSFER 8 CHARLES SCHUYLER, Acting Warden,! 9 Respondent. 10 Petitioner seeks federal habeas review of a sentence from Sacramento County Superior 11 Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. $ 84(b). 12 || Petitioner is incarcerated at Salinas Valley State Prison in Monterey County, which lies within the 13 venue of the Northern District of California. See id. § 84(a). 14 Venue is proper in a habeas action in either the district of confinement or the district of 3 15 |} conviction, 28 U.S.C. § 2241(d); however, petitions challenging a conviction/sentence (as opposed 16 || to the execution of a sentence) preferably are heard in the district of conviction/sentencing. See 3 17 Habeas L.R. 2254-3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 18 Because Sacramento County lies in the Eastern District of California, the court ORDERS 19 that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of 20 || justice, this petition be TRANSFERRED to the United States District Court for the Eastern 21 District of California. 22 The clerk shall transfer this matter forthwith. 23 IT IS SO ORDERED. 24 || Dated: February 13, 2024 25 hipdhar laun- 6 SALLIE KIM United States Magistrate Judge 27 28 Acting Warden Charles Schuyler is substituted in for former Warden Trent Allen as the proper respondent in this habeas action.