(HC) Peek v. State of California
This text of (HC) Peek v. State of California ((HC) Peek v. State of California) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES PEEK, Case No. 2:24-cv-3421-JDP (P) 12 Petitioner, 13 v. ORDER 14 STATE OF CALIFORNIA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. 19 Petitioner is incarcerated in Kern County, which is in the Eastern District of California, 20 and was convicted in Riverside County, which is in the Central District of California. 21 Pursuant to 28 U.S.C. § 2241(d), courts in both the district of conviction and the district of 22 confinement have concurrent jurisdiction over applications for habeas corpus filed by state 23 prisoners. However, the district of conviction is the preferable forum to review conviction 24 challenges. See Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968) (petition challenging 25 conviction best heard in district of conviction). 26 27 28 1 Accordingly, in the furtherance of justice, it is hereby ORDERED that: 2 1. This matter is transferred to the United States District Court for the Central District of 3 | California. 28 U.S.C. § 2241(d); 28 U.S.C. § 1406(a). 4 5 IT IS SO ORDERED.
Dated: _ December 12, 2024 Q_—_—. 7 JEREMY D. PETERSON 8 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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