(HC) Lupercio v. Visalia Police Department

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA

10 RAMON NAVARRO LUPERCIO, Case No. 21-01023 NC (PR)

11 Petitioner, ORDER OF TRANSFER 12 v.

13 VISALIA POLICE DEPARTMENT, 14 Respondent. 15

16 Petitioner, a state prisoner at San Quentin State Prison, has filed a petition for a writ of 17 habeas corpus under 28 U.S.C. § 2255. Petitioner challenges his state conviction from the 18 Superior Court of Tulare County. Venue for a habeas action is proper in either the district of 19 confinement or the district of conviction. See 28 U.S.C. § 2241(d). However, petitions 20 challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas 21 L.R. 2254-3(b)(1); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Here, because 22 petitioner challenges a conviction from Tulare County, the Eastern District of California is the 23 district of conviction. 24 25 26 1 Accordingly, this case is TRANSFERRED to the United States District Court for the 2 Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending 3 motions and transfer the entire file to the Eastern District of California. 4 IT IS SO ORDERED.

5 DATED: March 1, 2021 NATHANAEL M. COUSINS 6 United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26