Wyatt v. People of the State of California

Filing 7

ORDER TRANSFERRING CASE to the Eastern District of California.. Signed by Judge Vince Chhabria on 8/18/2014. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 8/18/2014) [Transferred from cand on 8/19/2014.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALBERT LOUIS WYATT,

Case No. 14-CV-3017-VC

Petitioner,
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v.

ORDER OF TRANSFER

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STATE OF CALIFORNIA,
Respondent.

United States District Court
Northern District of California

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Albert Louis Wyatt, a state prisoner proceeding pro se, filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, challenging the execution of his sentence. Wyatt plead

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guilty to second degree murder in the Superior Court in Santa Monica, California which is located

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in the Central District of California. He is incarcerated at California State Prison-Solano in the

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Eastern District of California.

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A petition for a writ of habeas corpus filed by a state prisoner in a State that contains two

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or more federal judicial districts may be filed in either the district of confinement or the district of

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conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed may transfer

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the petition to the other district in the furtherance of justice. See id. Federal courts in California

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traditionally have chosen to hear petitions challenging a conviction or sentence in the district of

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conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). However, if a habeas

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petition is directed to the manner in which a sentence is being executed, e.g., if it involves parole

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or time credit claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-

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3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).

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Because Wyatt is challenging the manner in which his sentence is being executed, venue

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for his habeas case lies in the Eastern District, not in this district. Accordingly, the Court orders

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

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the Clerk of the Court transfer this petition to the United States District Court for the Eastern

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District of California.

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All remaining motions are TERMINATED on this Court's docket as no longer pending in
this district.
IT IS SO ORDERED.
Dated: August 18, 2014
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VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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