Fisher

(HC) Rodriguez v. Fisher

Good Law
United States District Court, Southern District of CaliforniaAugust 4, 20213:21-cv-01395California372 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PEDRO RODRIGUEZ, Case No. 1:21-cv-01173-SAB-HC

Petitioner,

ORDER TRANSFERRING CASE TO THE

v. UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF

WARDEN FISHER, CALIFORNIA

Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. When a state prisoner files a habeas petition in a state that contains two or more federal judicial districts, the petition may be filed in either the judicial district in which the petitioner is presently confined or the judicial district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting Carbo v. United States, 364 U.S. 611, 618, 81 S. Ct. 338, 5 L. Ed. 2d 329 (1961)). Petitions challenging the execution of a sentence are preferably heard in the district where the inmate is confined. See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitions challenging…

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