(HC) Gonzalez v. St. Andre

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE A. GONZALEZ, Case No. 24-cv-00728-JST g Petitioner, ORDER OF TRANSFER 9 v. 10 ROB ST. ANDRE, Warden ll Respondent. 12

13 Petitioner, an inmate housed at High Desert State Prison, in Susanville, California has filed 14 || this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his 3 15 || conviction for first-degree murder and intentional discharge of a firearm causing great bodily a 16 || injury or death. See generally ECF No. 1. Petitioner’s conviction was obtained in Solano County 3 17 and he is incarcerated in Lassen County, both of which lie within the Eastern District of 18 || California. Venue for a habeas action is proper in either the district of confinement or the district 19 || of conviction. 28 U.S.C. § 2241(d). A petition challenging a conviction or the sentence imposed 20 || is preferably heard in the district of conviction. See N.D. Cal. Habeas L.R. 2254-3(b); see also 21 || Dannenberg v. Ingle, 831 F.Supp. 767, 768 (N.D. Cal. 1993). Here, Petitioner was convicted and 22 sentenced, and is currently confined, in the Eastern District of California. See 28 U.S.C. § 84(b). 23 || Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern 24 District of California. See 28 U.S.C. § 1406(a). The Clerk is directed to close this case. 25 IT IS SO ORDERED. 26 Dated: March 14, 2024 . .

27 JON S. TIGAR 28 nited States District Judge