(HC) Smith v. Unknown

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 BRIAN ANDREW SMITH, Case No. 23-cv-01302-RMI 8 Petitioner, ORDER OF TRANSFER 9 v. 10 UNKNOWN, ll Respondent.

This is a habeas case filed pro se by a prisoner. Petitioner challenges a conviction obtained || in the Fresno County Superior Court. Fresno County is in the venue of the United States District 15 || Court for the Eastern District of California. Petitioner is incarcerated in this district.

16 Venue for a habeas action is proper in either the district of confinement or the district of 17 || conviction. See 28 U.S.C. § 2241(d). Petitions challenging a conviction are preferably heard in the || district of conviction. See Habeas L.R. 2254-3(a); see also Laue v. Nelson, 279 F. Supp. 265, 266 19 (N.D. Cal. 1968). Because Petitioner was convicted in the Eastern District, this case is || TRANSFERRED to the United States District Court for the Eastern District of California. See 28 || U.S.C. § 1406(a); Habeas L.R. 2254-3(b).

22 IT IS SO ORDERED.

23 Dated: March 28, 2023 24 Mt Z 6 ROBERT M. ILLMAN United States Magistrate Judge