Gariano v. Board of Prison Hearings

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:16-cv-1488 CMK) to Fresno (1:16-cv-1165 SAB) signed by Magistrate Judge Craig M. Kellison on 8/5/16. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW EDWARD GARIANO,

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Petitioner,

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No. 2:16-cv-1488 CMK P

v.

ORDER

BOARD OF PRISON HEARINGS,

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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 paid the filing fee.
Petitioner challenges the November 13, 2014, decision of the California Board of Parole

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Hearings to deny him parole. Consequently, the instant petition is one for review of the execution

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of a sentence imposed by a California state court. See Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th

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Cir. 2005) (denial of parole is “a decision ‘regarding the execution’ of” a prison sentence.) As a

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general rule, “[t]he proper forum to challenge the execution of a sentence is the district where the

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prisoner is confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is

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incarcerated at Valley State Prison, which lies in Madera County and is part of the Fresno

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Division of the United States District Court for the Eastern District of California. See Local Rule

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120(d).

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper
division of a court may, on the court’s own motion, be transferred to the proper division of the
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court. Therefore, this action will be transferred to the Fresno Division of the court.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Fresno; and
2. All future filings shall reference the new Fresno case number assigned and shall be
filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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Dated: August 5, 2016

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