Coates v. Governor of California

United States District Court for the Northern District of California

Coates v. Governor of California

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 GREGORY C. COATES, Case No. 20-7781-SVK 12 Petitioner, ORDER OF TRANSFER 13 v. 14 GOVERNOR OF CALIFORNIA, 15 Respondent. 16 17 Petitioner, a state prisoner at San Quentin State Prison, has filed a petition for a writ of 18 habeas corpus under

28 U.S.C. § 2254

. Petitioner challenges his state conviction from the 19 Superior Court of Riverside County. Venue for a habeas petition is proper in either the district of 20 the confinement or the district of conviction. See

28 U.S.C. § 2241

(d). However, petitions 21 challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas 22 L.R. 2254-3(b)(1); Laue v. Nelson,

279 F. Supp. 265, 266

(N.D. Cal. 1968). Here, because 23 petitioner challenges a conviction from Riverside County, the Central District of California, 24 Eastern Division, is the district of conviction. 25 // 26 // 27 // 1 Accordingly, this case is TRANSFERRED to the United States District Court for the 2 Central District of California, Eastern Division. See

28 U.S.C. § 1406

(a). The Clerk shall 3 terminate all pending motions and transfer the entire file to the Central District of California. 4 IT IS SO ORDERED. > || DATED: _ December 2, 2020 Sees yy 6 SUSAN VAN KEULEN United States Magistrate Judge 7 8 9 10 11 12

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Reference

Status
Unknown