Kenneth R. Byrd v. Davies
Filing
5
ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 12/17/14. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 12/17/2014) [Transferred from cand on 12/19/2014.]
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
KENNETH RAY BYRD,
No. C 14-5008 WHA (PR)
10
Petitioner,
ORDER OF TRANSFER
11
For the Northern District of California
United States District Court
9
12
13
v.
DAVE DAVIES, et al.,
Respondents.
/
14
15
Petitioner is a state prisoner currently incarcerated at California State Prison, Corcoran,
16
which lies within the venue of the United States District Court for the Eastern District of
17
California. He challenges the calculation of his sentence and time credits (Dkt. 1).
18
A petition for a writ of habeas corpus made by a person in custody under the judgment
19
and sentence of a state court of a state which contains two or more federal judicial districts may
20
be filed in either the district of confinement or the district of conviction. See 28 U.S.C. §
21
2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition;
22
however, the district court for the district where the petition is filed may transfer the petition to
23
the other district in the furtherance of justice. See id. However, if the petition is directed to the
24
manner in which a sentence is being executed, e.g., if it involves parole or time credits claims,
25
the district of confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v.
26
Henman, 875 F.2d 244, 249 (9th Cir. 1989).
27
28
Petitioner challenges the execution of his sentence insofar as he challenges the
calculation of his time credits. Accordingly, IT IS ORDERED in the interest of justice, and
1
pursuant to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States
2
District Court for the Eastern District of California, the district in which he is confined. In light
3
of the transfer, this Court will not resolve whether petitioner may proceed in forma pauperis.
4
The clerk shall transfer this matter forthwith.
5
IT IS SO ORDERED.
6
7
Dated: December
17
, 2014.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
8
9
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?