Lupercio
Lupercio v. Visalia Police Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
RAMON NAVARRO LUPERCIO, Case No. 21-01023 NC (PR)
Petitioner,
ORDER OF TRANSFER
v.
VISALIA POLICE DEPARTMENT, Respondent.
Petitioner, a state prisoner at San Quentin State Prison, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2255. Petitioner challenges his state conviction from the Superior Court of Tulare 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 Tulare County, the Eastern District of California is the district of conviction. 24 25 26 Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28…