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.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KENNETH RAY BYRD,

No. C 14-5008 WHA (PR)

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Petitioner,

ORDER OF TRANSFER

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For the Northern District of California

United States District Court

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v.
DAVE DAVIES, et al.,
Respondents.
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Petitioner is a state prisoner currently incarcerated at California State Prison, Corcoran,

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which lies within the venue of the United States District Court for the Eastern District of

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California. He challenges the calculation of his sentence and time credits (Dkt. 1).

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A petition for a writ of habeas corpus made by a person in custody under the judgment

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and sentence of a state court of a state which contains two or more federal judicial districts may

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be filed in either the district of confinement or the district of conviction. See 28 U.S.C. §

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2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition;

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however, the district court for the district where the petition is filed may transfer the petition to

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the other district in the furtherance of justice. See id. However, if the petition is directed to the

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manner in which a sentence is being executed, e.g., if it involves parole or time credits claims,

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the district of confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v.

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Henman, 875 F.2d 244, 249 (9th Cir. 1989).

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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

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pursuant to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States

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District Court for the Eastern District of California, the district in which he is confined. In light

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of the transfer, this Court will not resolve whether petitioner may proceed in forma pauperis.

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The clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: December

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, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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