Abraham v. Cates ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ALEC SCOTT ABRAHAM, Case No. 23-cv-03587-PCP 4 Petitioner, ORDER OF TRANSFER 8 v. 9 BRIAN CATES, 10 Respondent. 11 Petitioner, a state prisoner at California Correctional Institution, in Tehachapi, California, 12 || filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1. Petitioner 13 || challenges his conviction from Orange County Superior Court. See id. at 1 (the challenged 14 || conviction is from “OC Superior Court”); see also People v. Abraham, Case No. $273392 (Cal. S. 3 15 || Ct.) (showing Petitioner’s direct appeal came from California’s Fourth District Court of Appeal). a 16 Although venue for a habeas action is proper in either the district of confinement or the 3 17 district of conviction, 28 U.S.C. § 2241(d), petitions challenging a conviction or sentence are 18 preferably heard in the district of conviction, Habeas L.R. 2254-3(b)(1). See also Laue v. Nelson, 19 || 279 F. Supp. 265, 266 (N.D. Cal. 1968). Because Petitioner challenges a conviction from Orange 20 || County, the Central District of California is the district of conviction. See 28 U.S.C. § 84(c). 21 Accordingly, this case is TRANSFERRED to the United States District Court for the 22 || Central District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending 23 || motions and transfer the entire file to the Central District of California. 24 IT IS SO ORDERED. 25 || Dated: March 1, 2024 26 £ Cy la~ P. Casey Pit United States District Judge 28