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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES ANTHONY BROOKS, 12 No. 2:17-cv-0132 JAM AC P Petitioner, 13 v. 14 ROBERT FOX, 15 ORDER Respondent. 16 17 By order filed April 12, 2017, respondent was directed to respond to the portion of the 18 petition challenging the execution of petitioner’s sentence. ECF No. 7. Respondent has now 19 filed a motion requesting that the petition be transferred to the District Court for the Northern 20 District of California, where petitioner also has a petition pending challenging his underlying 21 conviction. ECF No. 10. Although the portion of the petition that alleges improper computation 22 and application of petitioner’s good time credits is a challenge to the execution of his sentence 23 and therefore generally more appropriate in this court, Dunne v. Henman, 875 F.2d 244, 249 (9th 24 Cir. 1989) (“The proper forum to challenge the execution of a sentence is the district where the 25 prisoner is confined.”), respondent argues that “[i]t is in the Northern District that all material 26 events took place, that all pertinent records are currently located, and that all critical witnesses 27 currently reside,” ECF No. 10 at 2. In light of respondent’s representation that the evidence 28 needed to respond to the petition is more readily available in the Northern District, and the 1 1 2 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 3 transferred to the United States District Court for the Northern District of California. 4 DATED: May 31, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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