Nguyen v. Lewis

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/13 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HUAN NGUYEN,

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No. 2:13-cv-1918 KJN P

Petitioner,
v.

ORDER

G.D.LEWIS,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner has not filed a request to proceed in forma

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pauperis or paid the filing fee.

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Petitioner challenges a prison disciplinary imposed on August 16, 2009, while petitioner

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was housed at Kern Valley State Prison. As a general rule, “[t]he proper forum to challenge the

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execution of a sentence is the district where the prisoner is confined.” Dunne v. Henman, 875

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F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated at Pelican Bay State Prison, County of

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Del Norte, which lies in the Northern District of California. See 28 U.S.C. § 84(a).

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Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of

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confinement have concurrent jurisdiction over applications for habeas corpus filed by state

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prisoners. It does not appear that petitioner was convicted in this district, nor is he presently

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confined here. For that reason, this court does not have jurisdiction to entertain the application.
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In the interest of justice, this court may transfer this action “to any other district where it might

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have been brought.” 28 U.S.C. § 1404(a). For the reasons set forth above, the most appropriate

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forum for the instant action is the district where petitioner is confined. Therefore, in the interest

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of justice, this action will be transferred to the United States District Court for the Northern

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District of California.

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Northern District of California.

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Dated: October 4, 2013

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nguy1918.108

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