Brooks

Brooks v. Covello

Good Law
United States District Court, Northern District of CaliforniaJuly 31, 20204:20-cv-04421California299 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 WILLIE L. BROOKS, II, Case No. 20-cv-04421-KAW (PR)

Petitioner,

ORDER OF TRANSFER

v.

PATRICK COVELLO, Acting Warden, Respondent.

14 Petitioner, a state prisoner incarcerated at Mule Creek State Prison, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the housing conditions at Mule Creek State Prison. 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 proper 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). However, because petitioner is challenging the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.