(HC) Smith v. Unknown

Opinion

1 2 3 6 7 BRIAN ANDREW SMITH, Case No. 23-cv-01302-RMI 8 Petitioner, ORDER OF TRANSFER 9 v. ll Respondent. 12

This is a habeas case filed pro se by a prisoner. Petitioner challenges a conviction obtained 14 in the Fresno County Superior Court. Fresno County is in the venue of the United States District 3 15 || Court for the Eastern District of California. Petitioner is incarcerated in this district. 16 Venue for a habeas action is proper in either the district of confinement or the district of 3 17 || conviction. See 28 U.S.C. § 2241(d). Petitions challenging a conviction are preferably heard in the 18 district of conviction. See Habeas L.R. 2254-3(a); see also Laue v. Nelson, 279 F. Supp. 265, 266 19 (N.D. Cal. 1968). Because Petitioner was convicted in the Eastern District, this case is 20 TRANSFERRED to the United States District Court for the Eastern District of California. See 28 21 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 23 Dated: March 28, 2023 24 Mt Z 25 6 ROBERT M. ILLMAN United States Magistrate Judge 27 28