Krause

• Court: District Court, N.D. California
• Decided: October 10, 2023
• Docket: 5:23-cv-05122
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 DAVID JAMES KRAUSE, Case No. 23-cv-05122-VKD

9 Petitioner, ORDER OF TRANSFER v. 10

11 C.M.F. WARDEN, Respondent. 12

13 14 David James Krause, a state prisoner currently confined at the California Medical Facility 15 in Vacaville, California, filed a pro se petition for writ of habeas corpus, challenging his state 16 conviction out of San Luis Obispo County. Dkt. No. 1 at 1. 17 A petition for a writ of habeas corpus made by a person in custody under the judgment and 18 sentence of a state court of a state which contains two or more federal judicial districts may be 19 filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 20 Mr. Krause’s district of confinement is the Eastern District of California, which includes Solano 21 County where Vacaville is located. 28 U.S.C. § 84(b). However, Mr. Krause’s district of 22 conviction is the Western Division of the Central District, which includes San Luis Obispo 23 County. 28 U.S.C. § 84(c)(2). Accordingly, the Northern District of California has no jurisdiction 24 over this matter. 25 Federal courts in California traditionally have chosen to hear habeas petitions challenging a 26 state conviction or sentence in the district of conviction or sentencing. See Habeas L.R. 2254- 27 3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. 1 furtherance of justice, the Court finds that this case should be transferred to the United States 2 || District Court for the Western Division of the Central District of California. See 28 U.S.C. 3 || § 1406(a); Habeas L.R. 2254-3(b)(1). 4 The Clerk of the Court shall terminate all pending motions and transfer the entire file to the 5 || Western Division of the Central District of California. 6 IT IS SO ORDERED. 7 Dated: October 10, 2023 8

Vursuin®, QeMarch VIRGINIA K. DEMARCHI 10 United States Magistrate Judge 11 a 12

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