Saavedra v. Rackley

Filing 5

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 3/27/17. (lrcS, COURT STAFF) (Filed on 3/27/2017) [Transferred from cand on 3/29/2017.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALFONSO A. SAAVEDRA,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-00943-JD

ORDER OF TRANSFER

v.
RONALD RACKLEY,
Defendant.

Docket No. 2

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This is a habeas case filed pro se by a state prisoner. Petitioner was sentenced to a

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determinate term of 10 years plus life in prison. People v. Saavedra, No. H018527 at 2 (Cal. Ct.

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App. April 20, 2000). Petitioner seeks to challenge the execution of his sentence, with respect to

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the Board of Parole Hearings failing to set a release date. He argues the failure to set a date

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violates the Eighth and Fourteenth Amendments. Petitioner is currently incarcerated at Folsom

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State Prison, which is in the venue of the United States District Court for the Eastern District of

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California. His underlying conviction occurred in Santa Clara County which is in this district.

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Venue for a habeas action is proper in either the district of confinement or the district of

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conviction, 28 U.S.C. § 2241(d). The district of confinement is the preferable forum to review the

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execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v Henman, 875 F2d 244, 249 (9th Cir

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1989); cf Laue v Nelson, 279 F Supp 265, 266 (N.D. Cal. 1968) (district of conviction preferable

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forum to review conviction).

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Therefore, this case is TRANSFERRED to the United States District Court for the Eastern

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District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). The motion to proceed in

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forma pauperis (Docket No. 2) is VACATED and will be reviewed in the Eastern District.

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IT IS SO ORDERED.
Dated: March 27, 2017

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALFONSO A. SAAVEDRA,

Case No. 17-cv-00943-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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RONALD RACKLEY,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on March 27, 2017, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Alfonso A. Saavedra
Folsom State Prison
#K95340
P.O. Box 950
Folsom, CA 95763

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Dated: March 27, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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