Opinion
No. C 13-00573 EJD (PR)
03-08-2013
ARMAND TORRES, Petitioner, v. GREG LEWIS, Warden, Respondents.
ORDER OF TRANSFER
Petitioner, a California prisoner at the Pelican Bay State Prison, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state conviction.
Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d). However, Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). The petition indicates that Petitioner was convicted in Tulare County which lies within the venue of the Eastern District of California. See 28 U.S.C. 84(b).
Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. §§ 1404(a), 2241(d); Habeas L.R. 2254-3.
The Clerk shall transfer this matter and terminate any pending motions.
________________________
EDWARD J. DAVILA
United States District Judge
ARMAND TORRES, Petitioner,
v.
GREG LEWIS, Warden, Respondents.
Case Number CV 13-00573 EJD (PR)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on 3/8/2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) inter-office delivery receptacle located in the Clerk's office. Armand Torres
AA-1759
Pelican Bay State Prison
P. O. Box 7500
Crescent City, CA
________________________
Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk