(HC) Cleveland v. Robertson

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 EUREKA DIVISION 5 PIERRE CLEVELAND, Case No. 20-cv-00300-RMI 6 Plaintiff, 7 □□ ORDER OF TRANSFER Re: Dkt. Nos. 1, 6 8 SUPERIOR COURT, 9 Defendant.

11 This is a habeas case filed pro se by a state prisoner. Petitioner challenges a conviction || obtained in the Sacramento County Superior Court. Sacramento County is in the venue of the 13 || United States District Court for the Eastern District of California. Petitioner is incarcerated in this || district.

15 Venue for a habeas action is proper in either the district of confinement or the district of a 16 || conviction. See 28 U.S.C. § 2241(d). Petitions challenging a conviction are preferably heard in the 17 district of conviction. See Habeas L.R. 2254-3(a); see also Laue v. Nelson, 279 F. Supp. 265, 266 18 (N.D. Cal. 1968). Because Petitioner was convicted in the Eastern District, this case is || TRANSFERRED to the United States District Court for the Eastern District of California. See 28 || U.S.C. § 1406(a); Habeas L.R. 2254-3(b). All pending motions are VACATED and will be 21 addressed in the Eastern District.

22 IT IS SO ORDERED.

23 Dated: March 30, 2020 24 Ml Z RQBERT M. ILLMAN 26 United States Magistrate Judge