Johnson v. State of California
Johnson v. State of California
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANDREW JOHNSON, G57626, Case No. 22-cv-01569-SK (PR) 8 Petitioner, 9 y. ORDER OF TRANSFER 10 STATE OF CALIFORNIA, 11 Respondent. 12 Petitioner seeks federal habeas review of a conviction from Solano County Superior Court, 5 13 which lies within the venue of the Eastern District of California. See
28 U.S.C. § 84(b). S 14 || Petitioner is incarcerated at the California Health Care Facility — Stockton in San Joaquin County, 3 15 which also lies within the venue of the Eastern District of California. See
id.a 16 Venue is proper in a habeas action in either the district of confinement or the district of 3 17 || conviction, see
28 U.S.C. § 2241(d); however, petitions challenging a conviction (rather than the 18 || execution of a sentence) preferably are heard in the district of conviction. See Habeas L.R. 2254- 19 3(a); Dannenberg v. Ingle,
831 F. Supp. 767, 767(N.D. Cal. 1993). 20 Because Solano County lies in the Eastern District of California, the court ORDERS that 71 pursuant to
28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, 22 || this petition be TRANSFERRED to the United States District Court for the Eastern District of 23 || California. 24 The clerk shall transfer this matter forthwith. 25 IT IS SO ORDERED. 26 || Dated: March 21, 2022 27 Atlin ow SALLIE KIM 28 United States Magistrate Judge
Reference
- Status
- Unknown