Chestang v. Swarthough

Filing 4

ORDER OF TRANSFER to the USDC for the Eastern District of California. The clerk shall transfer this matter forthwith. (Illston, Susan) (Filed on 1/31/2012) (Additional attachment(s) added on 2/1/2012: # 1 Certificate/Proof of Service) (tf, COURT STAFF). Modified on 2/2/2012 (ysS, COURT STAFF). [Transferred from cand on 2/2/2012.]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EDDIE LEE CHESTANG,
Petitioner,

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United States District Court
For the Northern District of California

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No. C 12-459 (pr)
ORDER OF TRANSFER

v.
SWARTHOUGH, warden,
Respondent.
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Petitioner, who was convicted in Alameda County Superior Court and now is incarcerated
at the California State Prison - Solano, has filed a petition for writ of habeas corpus in which he
alleges that the minimum eligible parole date and/or maximum eligible parole date set by the
Board of Prison Terms are improper. The petition appears to challenge the execution of his
sentence. The prison at which petitioner is incarcerated is in Solano County, within the venue
of the Eastern District of California. Venue is proper in a habeas action in either the district of
confinement or the district of conviction, 28 U.S.C. § 2241(d); however, the district of
confinement is the preferable forum to review the execution of a sentence. See Habeas L.R.
2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because petitioner is now
confined in the Eastern District of California and challenging the execution of his sentence,
pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this
action is TRANSFERRED to the United States District Court for the Eastern District of
California. The clerk shall transfer this matter forthwith.
IT IS SO ORDERED.
DATED: January 31, 2012
SUSAN ILLSTON
United States District Judge