Brooks v. Fox

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 5/31/2017 GRANTING 10 Request to Transfer Petition and ORDERING CASE TRANSFERRED to U.S. District Court for the Northern District of California. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES ANTHONY BROOKS,

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No. 2:17-cv-0132 JAM AC P

Petitioner,

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v.

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ROBERT FOX,

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ORDER

Respondent.

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By order filed April 12, 2017, respondent was directed to respond to the portion of the

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petition challenging the execution of petitioner’s sentence. ECF No. 7. Respondent has now

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filed a motion requesting that the petition be transferred to the District Court for the Northern

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District of California, where petitioner also has a petition pending challenging his underlying

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conviction. ECF No. 10. Although the portion of the petition that alleges improper computation

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and application of petitioner’s good time credits is a challenge to the execution of his sentence

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and therefore generally more appropriate in this court, Dunne v. Henman, 875 F.2d 244, 249 (9th

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Cir. 1989) (“The proper forum to challenge the execution of a sentence is the district where the

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prisoner is confined.”), respondent argues that “[i]t is in the Northern District that all material

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events took place, that all pertinent records are currently located, and that all critical witnesses

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currently reside,” ECF No. 10 at 2. In light of respondent’s representation that the evidence

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needed to respond to the petition is more readily available in the Northern District, and the
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apparent relatedness of the two cases, the request to transfer the petition will be granted.
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: May 31, 2017

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