Bowman v. Swarthout

Filing 3

ORDER of Transfer. Signed by Judge Edward M. Chen on 6/23/2011. (Attachments: # 1 Certificate of Service)(emcsec, COURT STAFF) (Filed on 6/23/2011) [Transferred from cand on 6/24/2011.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDWARD LEE BOWMAN,

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Petitioner,

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v.

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For the Northern District of California

United States District Court

No. C-11-3017 EMC (pr)

G. SWARTHOUT, Warden,

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ORDER OF TRANSFER

Respondent.
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Petitioner has filed a petition for writ of habeas corpus to challenge a parole denial that

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occurred at a hearing at the California State Prison in Vacaville, California, where he currently is

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housed. Vacaville is in Solano County, which is within the venue of the Eastern District of

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

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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 parole denial claim. See N. D. Cal. Habeas L.R. 2254-

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3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989); see also 28 U.S.C. § 2241(d) ("The

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district court for the district wherein such an application is filed in the exercise of its discretion and

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in furtherance of justice may transfer the application to the other district court for hearing and

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determination"). Because petitioner is confined in the Eastern District of California and challenging

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the execution of his sentence, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in

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the interests of justice, this action is TRANSFERRED to the United States District Court for the

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Eastern District of California. The clerk shall transfer this matter.

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IT IS SO ORDERED.

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Dated: June 23, 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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