IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JOSE RODRIGUEZ GARCIA,
E. EVANS, Warden,
No. C 06-3772 CRB (PR)
ORDER OF TRANSFER
Petitioner seeks federal habeas review of a conviction from the Superior Court of
the State of California in and for the County of Butte, which lies within the venue of the
Eastern District of California. See 28 U.S.C. § 84(b). Petitioner is incarcerated at
Salinas Valley State Prison in Soledad, County of Monterey, which lies within the venue
of this judicial district. See id. § 84(a).
Venue is proper in a habeas action in either the district of confinement or the
district of conviction, see id. § 2241(d); however, petitions challenging a conviction
preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a);
Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).
Because the County of Butte lies in the Eastern District of California, the court
ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in
the interest of justice, this petition be TRANSFERRED to the United States District
Court for the Eastern District of California.
The clerk shall transfer this matter and terminate all pending motions as moot.
DATED: June 20, 2006
CHARLES R. BREYER
United States District Judge
Case 3:06-cv-03772-CRB Document 4 Filed 06/20/2006 Page 1 of 1
Garcia v. Evans