KIMBLE v. PEOPLE

Case No. 17-cv-2581-NJV (PR).

LARRY CUNNIGHAM KIMBLE, Petitioner, v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent.

United States District Court, N.D. California, Eureka Division.

Editors Note
Applicable Law: 28 U.S.C. § 2241
Cause: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Larry Cunningham Kimble, Petitioner, Pro Se.


ORDER OF TRANSFER

Docket Nos. 2, 6

NANDOR J. VADAS, Magistrate Judge.

This is a habeas corpus petition filed pro se by a state prisoner. Petitioner challenges a conviction obtained in the San Joaquin County Superior Court. San Joaquin County is in the venue of the United States District Court for the Eastern District of California. Petitioner is also incarcerated in the Eastern District of California.

Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted and is incarcerated in the Eastern District, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). All pending motions are vacated and will be addressed in the Eastern District.

IT IS SO ORDERED.


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