Miller v. Tuolumne County Superior Court

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DUSTIN LEON MILLER, Case No. 20-cv-03497-VC (PR)

Petitioner,

ORDER OF TRANSFER

v.

TUOLUMNE COUNTY SUPERIOR

COURT,

Respondent.

Dustin Leon Miller, a state prisoner incarcerated at Deuel Vocational Institution, located in Tracy, California, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of his conviction obtained in Tuolumne County Superior Court. A federal petition for a writ of habeas corpus made by a person in custody under the judgment and sentence of a state court is properly filed in either the district of confinement or the district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may transfer the petition to the other district in the furtherance of justice. Id. Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). Miller was convicted in Tuolumne County Superior Court, which lies within the venue of the Eastern District of California. Pursuant…