Gutierrez Jr. v. Smith

Good Law
United States District Court, Northern District of CaliforniaApril 13, 20234:23-cv-01372California441 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JESUS GUTIERREZ JR., Case No. 23-cv-01372-DMR

Plaintiff,

ORDER OF TRANSFER

v.

OAK SMITH, et al., Defendants.

Petitioner, a state prisoner who is incarcerated at San Quentin State Prison, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of his conviction obtained in the Solano County Superior Court. [Docket No. 1.] A petition for a writ of habeas corpus made by a person in custody under the judgment and sentence of a state court of a State which contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed, however, may transfer the petition to the other district in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See…

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