Opinion
22-cv-07698 NC (PR)
12-16-2022
PETER GAKUBA, Petitioner, v. CALIFORNIA ATTORNEY GENERAL Respondent.
ORDER OF TRANSFER
NATHANAEL M. COUSINS UNITED STATES MAGISTRATE JUDGE
In this habeas action, petitioner is challenging a conviction he suffered in Rockford, Illinois. See Dkt. No. 4 at 1-7 (stating this is petitioner's second federal habeas petition challenging a conviction issued in Illinois state court), 7-126 (raising arguments which attack the Illinois conviction, rather than any conditions in California).
Venue for a habeas action is proper in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). However, petitions challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas L.R. 2254-3(b)(1); Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968). Here, because petitioner challenges a conviction from Winnebago County, Illinois, the Northern District of Illinois is the district of conviction. See 28 U.S.C. § 93(a) (enumerating Illinois's federal districts).
Accordingly, this case is TRANSFERRED to the United States District Court for the Northern District of Illinois. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions and transfer the entire file to the Central District of California.
IT IS SO ORDERED.