Arboleda v. Hill

Filing 4

ORDER OF TRANSFER the United States District Court for the Eastern District of California. (Illston, Susan) (Filed on 2/3/2014) (Additional attachment(s) added on 2/3/2014: # 1 Certificate/Proof of Service) (tfS, COURT STAFF). Modified on 2/4/2014 (ysS, COURT STAFF). [Transferred from cand on 2/5/2014.]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OSCAR T. ARBOLEDA,
Petitioner,

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United States District Court
For the Northern District of California

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No. C 13-5012 SI (pr)
ORDER OF TRANSFER

v.
RICK HILL, Warden,
Respondent.
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Petitioner, who was convicted in Alameda County Superior Court and now is incarcerated
at the Folsom State Prison, has filed a petition for writ of habeas corpus in which he challenge
the Board of Parole Hearings' decision finding him unsuitable for parole.

The petition

challenges the execution of his sentence. The prison at which petitioner is incarcerated is in
Sacramento 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: February 3, 2014
SUSAN ILLSTON
United States District Judge