Herns v. Hedgpeth Doc.

5
Case 3:07-cv-05789-PJH Document 5 Filed 11/21/2007 Page 1 of 1

1
NOT FOR CITATION
2
3 UNITED STATES DISTRICT COURT
4 NORTHERN DISTRICT OF CALIFORNIA
5
6 LEE HERNS,
7 Petitioner, No. C 07-5789 PJH (PR)
8 v. ORDER OF TRANSFER
9 A. HEDGEPETH, Warden,
10 Respondent.
/
United States District Court

11
For the Northern District of California

12 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a
13 conviction obtained in the Superior Court in and for Fresno County. Fresno County is in the
14 venue of the United States District Court for the Eastern District of California. Petitioner is
15 incarcerated at Kern Valley State Prison, which also is in the Eastern District.
16 Venue for a habeas action is proper in either the district of confinement or the district
17 of conviction. 28 U.S.C. § 2241(d). In this case, both are the same, the Eastern District, so
18 venue is proper only there and is not proper here.
19 This case is TRANSFERRED to the United States District Court for the Eastern
20 District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
21 IT IS SO ORDERED.
22 Dated: November 21, 2007.
PHYLLIS J. HAMILTON
23 United States District Judge
24
25
26
27
28 G:\PRO-SE\PJH\HC.07\herns5789.trn.wpd

Dockets.Justia.com