Barker v. Hatton

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/13/2018 ORDERING CASE TRANSFERRED to the 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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ROBERT BARKER,

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No. 2:18-cv-1661-EFB P

Petitioner,
v.

ORDER

S. HATTON, Warden,
Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He challenges the October 14, 2015 decision of the California Board of Parole

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Hearings to deny him parole. See ECF No. 1. Consequently, the instant petition is one for review

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of the execution of a sentence imposed by a California state court. See Rosas v. Nielsen, 428 F.3d

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1229, 1232 (9th Cir. 2005) (denial of parole is “a decision ‘regarding the execution’ of” a prison

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sentence.) As a general rule, “[t]he proper forum to challenge the execution of a sentence is the

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district where the prisoner is confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).

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Petitioner is incarcerated at the Correctional Training Facility in the County of Monterey, which

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lies in the Northern District of California. See 28 U.S.C. § 84(a).

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Pursuant to 28 U.S.C. § 2241(d), courts in both the district of conviction and the district of

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confinement have concurrent jurisdiction over applications for habeas corpus filed by state

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prisoners. While petitioner was convicted in the Los Angeles County Superior Court in the

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Central District of California, the proper forum for the instant challenge is in the district of

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confinement. In the interest of justice, this court may transfer this action “to any other district

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where it might have been brought.” 28 U.S.C. § 1404(a). Therefore, in the interest of justice, this

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action will be transferred to the United States District Court for the Northern District of

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California.

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In accordance with the above, IT IS HEREBY ORDERED that this matter is transferred to

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the United States District Court for the Northern District of California. 28 U.S.C. § 2241(d); 28

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U.S.C. § 1406(a).

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DATED: June 13, 2018.

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