Prendez v. Superior Court of California Riverside

United States District Court for the Northern District of California

Prendez v. Superior Court of California Riverside

Trial Court Opinion

FILED Nov 18 2021 1 2 CLERK, U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 SAN FRANCISCO 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 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 14 || challenging his conviction from Riverside County Superior Court. Dkt. No. 1 at 2. Paskenta is 3 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 19 || petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 20 || 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 22 || therefore properly lies in that district and not in this one. See

28 U.S.C. § 1391

(b). Accordingly, 23 || this case is TRANSFERRED to the United States District Court for the Central District of 24 || California. See

28 U.S.C. § 1406

(a). 25 || // 26 || // 27 || // 28 || //

] 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 6 7 8 9 10 11 12

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Reference

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