Gakuba v. California Attorney General

District Court, N.D. Illinois

Gakuba v. California Attorney General

Trial Court Opinion

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7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 PETER GAKUBA, Case No. 22-cv-07698 NC (PR)

11 Petitioner, ORDER OF TRANSFER

12 v.

13 CALIFORNIA ATTORNEY GENERAL 14 Respondent. 15 16 In this habeas action, petitioner is challenging a conviction he suffered in Rockford, 17 Illinois. See Dkt. No. 4 at 1-7 (stating this is petitioner’s second federal habeas petition 18 challenging a conviction issued in Illinois state court), 7-126 (raising arguments which 19 attack the Illinois conviction, rather than any conditions in California). 20 Venue for a habeas action is proper in either the district of confinement or the 21 district of conviction. See

28 U.S.C. § 2241

(d). However, petitions challenging a 22 conviction or sentence are preferably heard in the district of conviction. See Habeas L.R. 23 2254-3(b)(1); Laue v. Nelson,

279 F. Supp. 265, 266

(N.D. Cal. 1968). Here, because 24 petitioner challenges a conviction from Winnebago County, Illinois, the Northern District 25 of Illinois is the district of conviction. See

28 U.S.C. § 93

(a) (enumerating Illinois’s 26 federal districts). 1 Accordingly, this case is TRANSFERRED to the United States District Court for 2 the Northern District of Illinois. See

28 U.S.C. § 1406

(a). The Clerk shall terminate all 3 pending motions and transfer the entire file to the Central District of California. 4 5 6 IT IS SO ORDERED. 7 8 DATED: December 16, 2022 NATHANAEL M. COUSINS 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Reference

Status
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