1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 DAVID JAMES KRAUSE, Case No. 23-cv-05122-VKD

9 Petitioner, ORDER OF TRANSFER v. 10

11 C.M.F. WARDEN, Respondent. 12

13 14 David James Krause, a state prisoner currently confined at the California Medical Facility 15 in Vacaville, California, filed a pro se petition for writ of habeas corpus, challenging his state 16 conviction out of San Luis Obispo County. Dkt. No. 1 at 1. 17 A petition for a writ of habeas corpus made by a person in custody under the judgment and 18 sentence of a state court of a state which contains two or more federal judicial districts may be 19 filed in either the district of confinement or the district of conviction. See

(d). 20 Mr. Krause’s district of confinement is the Eastern District of California, which includes Solano 21 County where Vacaville is located.

(b). However, Mr. Krause’s district of 22 conviction is the Western Division of the Central District, which includes San Luis Obispo 23 County.

(c)(2). Accordingly, the Northern District of California has no jurisdiction 24 over this matter. 25 Federal courts in California traditionally have chosen to hear habeas petitions challenging a 26 state conviction or sentence in the district of conviction or sentencing. See Habeas L.R. 2254- 27 3(b)(1); Dannenberg v. Ingle,

(N.D. Cal. 1993); Laue v. Nelson,

furtherance of justice, the Court finds that this case should be transferred to the United States 2 || District Court for the Western Division of the Central District of California. See 28 U.S.C. 3 || § 1406(a); Habeas L.R. 2254-3(b)(1). 4 The Clerk of the Court shall terminate all pending motions and transfer the entire file to the 5 || Western Division of the Central District of California. 6 IT IS SO ORDERED. 7 Dated: October 10, 2023 8

Vursuin®, QeMarch VIRGINIA K. DEMARCHI 10 United States Magistrate Judge 11 a 12

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