Jones v. Atchley

Opinion

1 2 5 6 RONNIE JONES, G35507, Case No. 22-cv-01681-SK (PR) 7 Petitioner, y. ORDER OF TRANSFER 9 M. ATCHLEY, Warden, 10 Respondent. 11 Petitioner seeks federal habeas review of a sentence from San Diego County Superior 12 Court, which lies within the venue of the Southern District of California. See 28 U.S.C.§ 84(d). 5 13 || Petitioner is incarcerated at Salinas Valley State Prison in Monterey County, which lies within the S 14 venue of the Northern District of California. See id. § 84(a). 3 15 Venue is proper in a habeas action in either the district of confinement or the district of 16 conviction and sentencing, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction 5 17. || and/or sentence (as opposed to petitions challenging the execution of a sentence) preferably are 18 heard in the district of conviction and sentencing. See Habeas L.R. 2254-3(a); Dannenberg v. 19 Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 20 Because San Diego County lies in the Southern District of California, the court ORDERS 71 that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of 22 justice, this petition be TRANSFERRED to the United States District Court for the Southern 23 District of California. 24 The clerk shall transfer this matter forthwith. 26 Dated: March 18, 2022 . . 27 Attien (rw SALLIE KIM 28 United States Magistrate Judge