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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ZIBU GAO,
Petitioner,
vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Respondent(s).
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No. C 06-4406 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 Los Angeles, which lies within the venue
of the Central District of California, Western Division. See 28 U.S.C. § 84(c)(2).
Petitioner is incarcerated in the County of Alameda, which lies within the venue of this
court. 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 Los Angeles lies in the Central 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 Central District of California, Western Division.
The clerk shall transfer this matter and terminate all pending motions as moot.
SO ORDERED.
DATED: July 20, 2006
CHARLES R. BREYER
United States District Judge
Case 3:06-cv-04406-CRB Document 4 Filed 07/20/2006 Page 1 of 1
Gao v. California Dept of Corrections et al
Doc. 4
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