1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 THEODORE SHOVE, G11092, Case No. 23-cv-00552-CRB (PR) 5 Petitioner, 6 v. ORDER OF TRANSFER 7 STATE OF CALIFORNIA, et al., 8 Respondent(s). 9 Petitioner, a California state prisoner on death row at San Quentin State Prison (SQSP) 10 || pursuant to a 2008 judgement from Los Angeles County Superior Court, filed a pro se petition for 11 a writ of habeas corpus in the United States District Court for the District of Columbia challenging 12 his state conviction and sentence. The District of Columbia transferred the case to this court 13. || pursuant to

(d) because petitioner is confined at SQSP in Marin County, which S 14 || lies within the venue of the Northern District of California,

§ 84(a). 3 15 Venue is proper in a habeas action in either the district of confinement or the district of 16 || conviction, id. § 2241(d); however, petitions challenging a conviction and/or sentence (rather than 5 17 || the execution of a sentence) preferably are heard in the district of conviction. See Habeas L.R. 5 1g. || 2254-3(a); Dannenberg v. Ingle,

(N.D. Cal. 1993). 19 Because petitioner seeks review of a conviction and sentence from Los Angeles County 0 Superior Court, which lies within the venue of the Central District of California, Western 1 Division,

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

(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, the petition be TRANSFERRED to the 23 United States District Court for the Central District of California, Western Division. The clerk shall transfer this matter forthwith. 25 IT IS SO ORDERED. 26 Dated: February 9, 2023 □□□ a CHARLES R. BREYER 28 United States District Judge