Magee v. Gastello

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 7/12/2017 TRANSFERRING case to U.S. District Court for the Central 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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RUCHELL CINQUE MAGEE,

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No. 2:17-cv-1330 AC P

Petitioner,

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v.

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J. GASTELLO,

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ORDER

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 and paid the filing fee.
Petitioner appears to challenge the execution of his sentence. The general rule with regard

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to habeas applications is that both the United States District Court in the district where petitioner

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was convicted and the District Court where petitioner is incarcerated have jurisdiction over the

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claims. Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973). Additionally, “[t]he proper

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forum to challenge the execution of a sentence is the district where the prisoner is confined.”

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Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Since petitioner was not convicted in this

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district,1 and is not presently confined here, this court does not have jurisdiction to entertain the

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application and will transfer the petition to the proper court. He is presently incarcerated at

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The underlying conviction occurred in Santa Clara County. ECF No. 1 at 1.
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California Men’s Colony in San Luis Obispo County, which lies in the Central District of

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California. 28 U.S.C. § 84(c).

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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 Central District of California. 28 U.S.C. §

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2241(d); 28 U.S.C. § 1406(a).

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DATED: July 12, 2017

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