1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 WILLIE L. BROOKS, II, Case No. 20-cv-04421-KAW (PR)

10 Petitioner, ORDER OF TRANSFER v. 11

12 PATRICK COVELLO, Acting Warden, Respondent. 13

14 15 Petitioner, a state prisoner incarcerated at Mule Creek State Prison, has filed a pro se 16 petition for a writ of habeas corpus pursuant to

, challenging the housing 17 conditions at Mule Creek State Prison. 18 A federal petition for a writ of habeas corpus, made by a person in custody under the 19 judgment and sentence of a state court, is properly filed in either the district of confinement or the 20 district of conviction.

(d). The district court where the petition is filed may 21 transfer the petition to the proper district in the furtherance of justice.

Federal courts in 22 California traditionally have chosen to hear petitions challenging a conviction or sentence in the 23 district of conviction. Dannenberg v. Ingle,

(N.D. Cal. 1993). 24 However, because petitioner is challenging the conditions at his prison, the proper district in this 25 case is the district of confinement. 26 Mule Creek State Prison is located in the Eastern District of California. Accordingly, 27 pursuant to

(a) and Habeas L.R. 2254-3(b), and in the interest of justice, the 1 Eastern District of California. 2 All pending motions are TERMINATED on this Court’s docket as no longer pending in 3 this Court. 4 IT IS SO ORDERED. 5 Dated: July 31, 2020 .

IS A. WESTMORE 7 United States Magistrate Judge 8 9 10 11 g 12

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