Collins v. Hainline

Filing 8

ORDER REOPENING CASE AND TRANSFERRING CASE TO EASTERN DISTRICT OF CALIFORNIA. Signed by Judge Nandor J. Vadas on 03/29/2017. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 3/29/2017)[Transferred from cand on 3/31/2017.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISON

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DANTE C. COLLINS,

Case No. 17-cv-0099-NJV (PR)

Petitioner,
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ORDER REOPENING AND
TRANSFERRING CASE

v.
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PAUL HAINLINE,

United States District Court
Northern District of California

Respondent.
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This pro se habeas action was dismissed without prejudice due to the failure to pay the

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requisite $ 5.00 filing fee or, instead, submit a complete in forma pauperis application. Petitioner

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has now paid the filing fee. The Order of Dismissal (Docket No. 5) is VACATED and this case is

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REOPENED and the court will screen the case.

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Petitioner challenges a conviction obtained in the Solano County Superior Court and

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argues that his custody credits were improperly calculated. Solano County is in the venue of the

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United States District Court for the Eastern District of California. Petitioner is also incarcerated in

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the Eastern District of California.

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

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conviction, 28 U.S.C. § 2241(d); this district is neither. The district of confinement is the

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preferable forum to review the execution of a sentence. Habeas L.R. 2254-3(a); Dunne v.

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Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because petitioner is housed and was convicted in

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

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Eastern District of California. See 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b).
IT IS SO ORDERED.
Dated: March 29, 2017
________________________
NANDOR J. VADAS
United States Magistrate Judge

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United States District Court
Northern District of California

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