Mousa v. People of The State of California Parole Hearings

Filing 6

ORDER TRANSFERRING CASE. Signed by Magistrate Judge Nandor Vadas on 6/19/2014. (njvlc1, COURT STAFF) (Filed on 6/19/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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ALBERT MOUSA,
Petitioner,

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For the Northern District of California

United States District Court

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No. C 14-2634 NJV (PR)

vs.

ORDER OF TRANSFER

STATE OF CALIFORNIA,
Respondent.
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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge

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the execution of his sentence, with respect to the Board of Parole Hearings denying parole.

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Petitioner is currently incarcerated at California State Prison Solano, which is in the venue

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of the United States District Court for the Eastern District of California. His underlying

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conviction occurred in Orange County in the Central District of California.

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

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of 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. See Habeas L.R. 2254-3(a);

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Dunne v Henman, 875 F2d 244, 249 (9th Cir 1989); cf Laue v Nelson, 279 F Supp 265, 266

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(ND Cal 1968) (district of conviction preferable forum to review conviction). Therefore, this

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case is TRANSFERRED to the United States District Court for the Eastern District of

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California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).

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IT IS SO ORDERED.
Dated: June 19, 2014.
NANDOR J. VADAS
United States Magistrate Judge

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G:\PRO-SE\NJV\HC.14\Mousa2634.trn.wpd

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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Petitioner,

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CERTIFICATE OF SERVICE

v.
STATE OF CALIFORNIA,
Respondent.

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For the Northern District of California

United States District Court

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No.1:14-CV-2634 NJV

ALBERT MOUSA,

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I, the undersigned, hereby certify that on June 19, 2014, I served a true and correct copy of

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the attached by placing said copy in a postage paid envelope addressed to the person(s) listed below,

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by depositing said envelope in the U.S. Mail.

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Albert Mousa
K-01187
CSP Solano
C-16-193 L
P.O. Box 4000
Vacaville, CA 95696

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/s/ Linn Van Meter
Linn Van Meter
Administrative Law Clerk to the
Honorable Nandor J. Vadas

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