Covello

(HC) Castro v. Covello

Good Law
United States District Court, Eastern District of CaliforniaNovember 7, 20222:22-cv-02005California460 words

Opinion

trial_court Opinion

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2 3 4 5 6 7 8

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 JOSEPH A. CASTRO, Case No. 1:22-cv-01408-SAB-HC

12 Petitioner, ORDER TRANSFERRING CASE TO THE

SACRAMENTO DIVISION OF THE

13 v. EASTERN DISTRICT OF CALIFORNIA

14 ON HABEAS CORPUS,

15 Respondent.

16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 When a state prisoner files a habeas petition in a state that contains two or more federal 20 judicial districts, the petition may be filed in either the judicial district in which the petitioner is 21 presently confined or the judicial district in which he was convicted and sentenced. See 28 22 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting Carbo v. United 23 States, 364 U.S. 611, 618, 81 S. Ct. 338, 5 L. Ed. 2d 329 (1961)). Petitions challenging the 24 execution of a sentence are preferably heard in the district where the inmate is confined. See 25 Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitions challenging convictions or 26 …

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