Allison

(HC) Weisner v. Allison

Good Law
United States District Court, Eastern District of CaliforniaFebruary 6, 20232:23-cv-00216California304 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 FRANKIE J. WEISNER, Case No. 22-cv-07419-SVK

Plaintiff,

ORDER OF TRANSFER

v.

KATHLEEN ALLISON, Defendant.

Petitioner, a state prisoner at the California Training Facility (“CTF”), has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a sentence from the Superior Court of Sacramento 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). Petitioner claims that he is “entitled” to have his “prior strike enhancement removed” because Section 654 of the California Penal Code prohibits multiple punishments for the same offense. (ECF No. 1 at 5.) Because he challenges the validity of his sentence, the preferred venue is the district of his conviction.…

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