Harsin v. Hill

United States District Court for the Northern District of California

Harsin v. Hill

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JASON SCOTT HARSIN, Case No. 19-cv-07018-JST g Petitioner, ORDER OF TRANSFER 9 v. 10 RICK HILL, ll Respondent. 12

Petitioner, a state prisoner at Folsom State Prison in Represa, California has filed a petition 14 || fora writ of habeas corpus under

28 U.S.C. § 2254

. Petitioner challenges a conviction obtained in 3 15 || the Shasta County Superior Court. Shasta County is in the venue of the United States District a 16 || Court for the Eastern District of California. Petitioner is also incarcerated in that district. 3 17 Venue for a habeas action is proper in either the district of confinement or the district of 18 conviction,

28 U.S.C. § 2241

(d). Federal courts in California traditionally have chosen to hear 19 || petitions challenging a conviction or sentence in the district of conviction. Dannenberg v. Ingle, 20 ||

831 F.Supp. 767, 767

(N.D.Cal. 1993); Habeas L.R. 2254—3(a). Here, petitioner was convicted in, 21 || and is confined in, the Eastern District of California. Venue for petitioner’s habeas action lies in 22 the Eastern District, not in this district. Accordingly, this case is TRANSFERRED to the United 23 States District Court for the Eastern District of California. See

28 U.S.C. § 1406

(a); Habeas L.R. 24 || 2254-3(b). The Clerk shall transfer the file herewith. 25 IT IS SO ORDERED. 26 Dated: December 5, 2019 .

27 JON S. TIGAR 28 ted States District Judge

Reference

Status
Unknown