Nettles v. Lopez

Filing 16

ORDER of Transfer. Signed by Judge Edward M. Chen on 7/19/2011. (Attachments: # 1 Certificate of Service)(emcsec, COURT STAFF) (Filed on 7/19/2011) [Transferred from cand on 7/20/2011.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAMOUS D. NETTLES,

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Petitioner,
v.

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For the Northern District of California

United States District Court

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ORDER OF TRANSFER

RAUL LOPEZ, Warden,

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No. C-11-2849 EMC (pr)

Respondent.
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Petitioner has filed a petition for writ of habeas corpus to challenge a prison disciplinary

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decision on March 31, 2008 for a rule violation report issued on February 26, 2008. See Docket # 1,

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pp. 7, 32 of 53. Petitioner included the rule violation report (see Docket # 7-2, p. 47 of 100), but did

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not include the disciplinary decision that he now challenges in the 1,300+ pages of exhibits to his

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petition. Although the disciplinary decision occurred while he was at the Salinas Valley State Prison

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in Monterey County, Petitioner is now incarcerated at the Corcoran State Prison in Kings County.

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Kings County is within the venue of the Eastern District of California. Petitioner was convicted in

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Los Angeles County Superior Court. Los Angeles County is within the venue of the Central District

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of California. Venue is proper in a habeas action in either the district of confinement or the district

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of conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the preferable forum to

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review the execution of a sentence, such as a claim concerning a prison disciplinary decision. See

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Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because Petitioner is

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confined in the Eastern District of California and challenging the execution of his sentence, pursuant

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to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this action is

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TRANSFERRED to the United States District Court for the Eastern District of California. The

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Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: July 19, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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