Prendez v. Superior Court of California Riverside
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
- Status
- Unknown