Young v. Sherman

Filing 5

ORDER OF TRANSFER (ECF NO.4). Signed by Judge Charles R. Breyer on 6/20/2017. Order GRANTING IFP. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 6/20/2017) [Transferred from cand on 6/21/2017.]

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MALCOLM YOUNG, H72830,
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Petitioner,
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vs.
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S. SHERMAN, Warden,
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Respondent.
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No. C 17-3450 CRB (PR)
ORDER OF TRANSFER
(ECF No. 4)

Petitioner seeks federal habeas review of the execution of a sentence imposed by

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Contra Costa County Superior Court, which lies in this district. See 28 U.S.C. § 84(a).

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Petitioner is incarcerated at the Substance Abuse Treatment Facility and State Prison,

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Corcoran, in Kings County, which lies in the Eastern District of California. See id. §

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84(b). He also seeks to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915.

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Venue is proper in a habeas action in either the district of conviction or the

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district of confinement, id. § 2241(d); however, the district of confinement is the

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preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a);

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Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989); cf. Laue v. Nelson, 279 F. Supp.

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265, 266 (N.D. Cal. 1968) (district of conviction preferable forum to review conviction).

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Because Kings County lies in the Eastern District of California, the court orders

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that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the

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interest of justice, this petition be transferred to the United States District Court for the

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Eastern District of California. But based solely on his affidavit of poverty, petitioner’s

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request to proceed IFP (ECF No. 4) is GRANTED.

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The clerk shall transfer this matter forthwith.

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SO ORDERED.

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DATED: June 20, 2017

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.17\Young, M.17-3450.transfer.wpd

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