Gonzalez v. St. Andre
- Jon Tigar
- 4:24-cv-00728
- U.S. District Court · Northern District of California
- 1
In Gonzalez v. St. Andre, Judge Tigar transferred Gonzalez’s habeas case to the Eastern District of California because his conviction and confinement were there.
Jose A. Gonzalez’s habeas case was transferred from the Northern District of California to the Eastern District of California; the order did not decide his conviction-related claims.
What happened
Jose A. Gonzalez, who was representing himself, filed a petition challenging his first-degree murder conviction and a firearm conviction. He was incarcerated at High Desert State Prison in Lassen County, California.
The court explained that a habeas case challenging a conviction or sentence may be heard where the person is confined or where the conviction occurred. Gonzalez was convicted in Solano County and confined in Lassen County, both in the Eastern District of California.
Judge Jon S. Tigar transferred the case to the U.S. District Court for the Eastern District of California under 28 U.S.C. § 1406(a) and directed the clerk to close the Northern District of California case. The order did not decide the challenges to Gonzalez’s conviction.
The detailed version
- Gonzalez v. St. Andre · No. 4:24-cv-00728
- Jon Tigar
- Mar. 14, 2024
Background
Jose A. Gonzalez, an incarcerated person proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241 challenging his conviction for first-degree murder and intentional discharge of a firearm causing great bodily injury or death. The opinion states that Gonzalez was housed at High Desert State Prison in Susanville, California, and that his conviction was obtained in Solano County.
Venue
The court stated that venue for a habeas action is proper either in the district where the petitioner is confined or in the district where the conviction occurred. It also stated that a petition challenging a conviction or sentence is preferably heard in the district where the conviction occurred. Gonzalez was convicted in Solano County and incarcerated in Lassen County, and the court stated that both counties are within the Eastern District of California.
Ruling
The court transferred the case to the United States District Court for the Eastern District of California under 28 U.S.C. § 1406(a). It directed the clerk to close the case in the Northern District of California. The order addressed venue and transfer; it did not rule on the merits of Gonzalez’s challenges to his conviction.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.