SHOVE v. STATE OF CALIFORNIA

United States District Court for the Northern District of California

SHOVE v. STATE OF CALIFORNIA

Trial Court Opinion

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 THEODORE SHOVE, G11092, Case No. 22-cv-01521-CRB (PR) 6 Petitioner, 7 v. ORDER OF TRANSFER 8 STATE OF CALIFORNIA, 9 Respondent. 10 Petitioner, a California state prisoner on death row at San Quentin State Prison (SQSP) 11 || pursuant to a 2008 judgment from Los Angeles County Superior Court, filed a pro se petition for a writ of habeas corpus in the United States District Court for the District of Columbia challenging 13. || his state conviction and sentence. The District of Columbia transferred the case to this court S 14 || pursuant to

28 U.S.C. § 2241

(d) because petitioner is confined at SQSP in Marin County, which 3 15 || lies within the venue of the Northern District of California,

id.

§ 84(a). 16 Venue is proper in a habeas action in either the district of confinement or the district of 5 17 conviction, id. § 2241(d); however, petitions challenging a conviction and/or sentence (rather than 5 18 the execution of a sentence) preferably are heard in the district of conviction. See Habeas L.R. 19 2254-3(a); Dannenberg v. Ingle,

831 F. Supp. 767, 767

(N.D. Cal. 1993). 20 Because petitioner seeks review of a conviction and sentence from Los Angeles County Superior Court, which lies within the venue of the Central District of California, Western Division,

28 U.S.C. § 84

(c)(2), the court ORDERS that pursuant to

28 U.S.C. § 1404

(a) and

33 Habeas Local Rule 2254-3(b), and in the interest of Justice, the petition be TRANSFERRED to the

34 United States District Court for the Central District of California, Western Division.

35 IT IS SO ORDERED.

Dated: March 14, 2022 Z □□□ 27 CHARLES R. BREYER 28 United States District Judge

Reference

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