Richard Prendez, Jr. v. Superior Court of California Riverside

FILED Nov 18 2021 2 CLERK, U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 SAN FRANCISCO 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 RICHARD PRENDEZ, Case No. 21-cv-08245-TSH 8 Petitioner, 9 v. ORDER OF TRANSFER 10 SUPERIOR COURT OF CALIFORNIA RIVERSIDE, Respondent.

13 Petitioner is currently incarcerated at Salt Creek Camp in Paskenta, California, and is || challenging his conviction from Riverside County Superior Court. Dkt. No. 1 at 2. Paskenta is 15 || located in Tehama County, which lies within the venue of the Eastern District of California.

2 16 || Riverside County lies within the venue of the Central District of California. 28 U.S.C. § 84(b)-(c). i 17 || Venue for a habeas action is proper in either the district of confinement or the district of Zz 18 || conviction. 28 U.S.C. § 2241(d). Federal courts in California traditionally have chosen to hear || petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. || Jngle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 21 1968). Here, Petitioner’s conviction was obtained in the Central District of California. Venue || therefore properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, || this case is TRANSFERRED to the United States District Court for the Central District of || California. See 28 U.S.C. § 1406(a).

25 || // || // || // || // ] The Clerk shall transfer the file herewith.

2 IT IS SO ORDERED.

3 Dated: 11/18/2021 4 TAN. □□ THOMAS S. HIXSON 5 United States Magistrate Judge

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