Jones v. Atchley

3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 6 RONNIE JONES, G35507, Case No. 22-cv-01681-SK (PR) 7 Petitioner, y. ORDER OF TRANSFER 9 M. ATCHLEY, Warden, 10 Respondent.

11 Petitioner seeks federal habeas review of a sentence from San Diego County Superior 12 Court, which lies within the venue of the Southern District of California. See 28 U.S.C.§ 84(d).

5 13 || Petitioner is incarcerated at Salinas Valley State Prison in Monterey County, which lies within the S 14 venue of the Northern District of California. See id. § 84(a).

3 15 Venue is proper in a habeas action in either the district of confinement or the district of || conviction and sentencing, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction 17. || and/or sentence (as opposed to petitions challenging the execution of a sentence) preferably are || heard in the district of conviction and sentencing. See Habeas L.R. 2254-3(a); Dannenberg v. || Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).

20 Because San Diego County lies in the Southern District of California, the court ORDERS 71 that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of || justice, this petition be TRANSFERRED to the United States District Court for the Southern || District of California.

24 The clerk shall transfer this matter forthwith.

25 IT IS SO ORDERED.

26 Dated: March 18, 2022 . .

27 Attien (rw SALLIE KIM 28 United States Magistrate Judge