Knox v. Diaz

United States District Court for the Northern District of California

Knox v. Diaz

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIE H. KNOX, Case No. 22-cv-00668-NC (PR) Petitioner, 8 ORDER OF TRANSFER v. 9 10 RALPH DIAZ, Warden, Respondent. 11 12 13 Petitioner, a state prisoner at Salinas Valley State Prison, has filed a petition for a writ of 14 habeas corpus under

28 U.S.C. § 2254

. Petitioner seeks resentencing from a sentence issued by 15 the Superior Court of Orange County. Venue for a habeas action is proper in either the district of 16 confinement or the district of conviction. See

28 U.S.C. § 2241

(d). However, petitions 17 challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas 18 L.R. 2254-3(b)(1); Laue v. Nelson,

279 F. Supp. 265, 266

(N.D. Cal. 1968). Here, because 19 petitioner challenges a conviction from Orange County, the Central District of California is the 20 district of conviction. 21 Accordingly, this case is TRANSFERRED to the United States District Court for the 22 Central District of California. See

28 U.S.C. § 1406

(a). The Clerk shall terminate all pending 23 motions and transfer the entire file to the Central District of California. 24 IT IS SO ORDERED. 25 26 DATED: April 18, 2022 NATHANAEL M. COUSINS 27 United States Magistrate Judge

Reference

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