Fleming

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RHONDA FLEMING Case No. 22-cv-04195 NC (PR)

Petitioner, ORDER OF TRANSFER

v.

WARDEN JUSINO, Respondent. 16 This federal habeas action, in which petitioner is challenging “the validity of [her] conviction or sentence,” Dkt. No. 1 at 2, is TRANSFERRED to the United States District Court for the Southern District of Texas, as that is the district of conviction. See 28 U.S.C. §§ 1404(a), 2241(d); Habeas L.R. 2254-3(b). Under limited circumstances, a prisoner may use 28 U.S.C. § 2241 to collaterally attack a conviction or sentence. See 28 U.S.C. § 2255(e) (known as the “escape hatch” provision). However, this “escape hatch” only applies when the prisoner “(1) makes a claim of actual innocence, and (2) has not had an unobstructed procedural shot at presenting that claim.” Marrero v. Ives, 682 F.3d 1190, 1192 (9th Cir. 2012).

26 1 Here, petitioner argues not that she needs to proceed under the “escape hatch,” but rather…