Case Information
*1 Case 1:16-cv-00560-JLT Document 6 Filed 04/19/16 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GERALD H. STOLP, Case No. 16-cv-01265-JD Petitioner, ORDER OF TRANSFER v. Re: Dkt. Nos. 2, 3 KIM HOLLAND, Respondent.
This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a conviction obtained in Calaveras County California. Calaveras County is in the venue of the United States District Court for the Eastern District of California. Petitioner is incarcerated in Tehachapi, CA, which is located in the Central District of California. Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. Nelson , 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Calaveras County, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
IT IS SO ORDERED.
Dated: April 19, 2016
JAMES DONATO United States District Judge *2 Case 1:16-cv-00560-JLT Document 6 Filed 04/19/16 Page 2 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GERALD H. STOLP, Case No. 16-cv-01265-JD Plaintiff,
v. CERTIFICATE OF SERVICE KIM HOLLAND,
Defendant. I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 19, 2016, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Gerald H. Stolp ID: ID: AK4738 California Correctional Institution P.O. Box 1902 Tehachapi, CA 93581
Dated: April 19, 2016
Susan Y. Soong Clerk, United States District Court By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 2