Jacobo v. Stanislaus County Superior Court

United States District Court for the Northern District of California

Jacobo v. Stanislaus County Superior Court

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10

11 ANGELO J JACOBO, IV, Case No. 21-09668 NC (PR)

12 Petitioner, ORDER OF TRANSFER 13 v.

14 STANISLAUS COUNTY SUPERIOR COURT, 15 Respondent. 16

17 Petitioner, a state prisoner at Gabilan Conservation Camp, 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 Stanislaus County. Venue for a habeas action is proper in either the district of 20 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 Stanislaus County, the Eastern District of California is the 24 district of conviction. 25 26 1 Accordingly, this case is TRANSFERRED to the United States District Court for the 2 Eastern District of California. See

28 U.S.C. § 1406

(a). The Clerk shall terminate all pending 3 motions and transfer the entire file to the Eastern District of California. 4 IT IS SO ORDERED. 5 DATED: January 3, 2022 NATHANAEL M. COUSINS 6 United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Reference

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