In re Armando E. Herrera

Filing 12

ORDER OF TRANSFER. Signed by Judge JEFFREY S. WHITE on 12/17/14. (Attachments: # 1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 12/17/2014) [Transferred from cand on 12/19/2014.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re

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ARMANDO E. HERRERA,

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Petitioner.

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No. C 14-4756 JSW (PR)
ORDER OF TRANSFER
(Docket No. 6)

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Petitioner is a state prisoner currently incarcerated at the California Health Care

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Facility in Stockton, California, which lies within the venue of the United States District

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Court for the Eastern District of California. He challenges the denial of parole. (See Dkt.

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1.)

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A petition for a writ of habeas corpus made by a person in custody under the

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judgment and sentence of a state court of a state which contains two or more federal

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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). Each of such districts shall have concurrent

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jurisdiction to entertain the petition; however, the district court for the district where the

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petition is filed may transfer the petition to the other district in the furtherance of justice.

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See id. However, if the petition is directed to the manner in which a sentence is being

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executed, e.g., if it involves parole or time credits claims, the district of confinement is

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the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249
(9th Cir. 1989).

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Petitioner challenges the execution of his sentence insofar as he challenges the

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denial of parole. Accordingly, IT IS ORDERED in the interest of justice, and pursuant

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to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States District

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Court for the Eastern District of California, the district in which he is confined. In light

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of the transfer, this Court will not resolve Petitioner’s pending motion for an extension of

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time to file a petition and for appointment of counsel. (Dkt. 6.)

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The Clerk of the Court shall transfer this matter forthwith.

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IT IS SO ORDERED.

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DATED: December 17, 2014

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JEFFREY S. WHITE
United States District Judge

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