Gakuba

Gakuba v. California Attorney General

Good Law
United States District Court, Northern District of CaliforniaDecember 16, 20225:22-cv-07698California263 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PETER GAKUBA, Case No. 22-cv-07698 NC (PR)

Petitioner,

ORDER OF TRANSFER

v.

CALIFORNIA ATTORNEY GENERAL Respondent. 15 In this habeas action, petitioner is challenging a conviction he suffered in Rockford, Illinois. See Dkt. No. 4 at 1-7 (stating this is petitioner’s second federal habeas petition challenging a conviction issued in Illinois state court), 7-126 (raising arguments which attack the Illinois conviction, rather than any conditions in California). 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 Winnebago County, Illinois, the Northern District of Illinois is the district of conviction. See 28 U.S.C. §…

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