Calloway v. Davis

Filing 7

ORDER TRANSFERRING CASE to Eastern District. Signed by Judge Nandor J. Vadas on 7/28/2017. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 7/28/2017)

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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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JAMISI CALLOWAY,

Case No. 17-cv-3710-NJV (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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R. DAVIS,

United States District Court
Northern District of California

Respondent.
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This is a petition for writ of habeas corpus filed pro se by a state prisoner. He seeks review

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of a prison disciplinary finding that resulted in the loss of time credits. The disciplinary finding

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occurred in this district. However, plaintiff is currently housed at California Health Care Facility-

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Stockton, which is in 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); however, the district of confinement is the preferable forum to

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review the execution of a sentence. Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249

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(9th Cir. 1989). Because petitioner’s challenge goes to the execution of his sentence, this petition

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is transferred to the United States District Court for the Eastern District of California. See 28

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U.S.C. § 1404(a); Habeas L.R. 2254-3(b).

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IT IS SO ORDERED.
Dated: July 28, 2017
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NANDOR J. VADAS
United States Magistrate Judge