UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANDREW R. LOPEZ, Case No. 20-07619 SVK (PR)

Petitioner, ORDER OF TRANSFER v. JAMES ROBERTSON, et al., Respondent.

Petitioner, a state prisoner at Pelican Bay State Prison, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his state conviction from the Superior Court of Stanislaus County. Venue for a habeas action is proper in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). However, petitions challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas L.R. 2254-3(b)(1); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Here, because petitioner challenges a conviction from Stanislaus County, the Eastern District of California is the district of conviction. /// /// /// Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending 1 motions and transfer the entire file to the Eastern District of California. 2 IT IS SO ORDERED. 3 DATED: _ December 1, 2020 Kul— SUSAN VAN KEULEN United States Magistrate Judge

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Case No. 20-07619 SVK (PR) ORDER OF TRANSFER