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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISON 7 8 JAMISI CALLOWAY, Case No. 17-cv-3710-NJV (PR) Petitioner, 9 v. ORDER OF TRANSFER 10 11 R. DAVIS, United States District Court Northern District of California Respondent. 12 13 14 This is a petition for writ of habeas corpus filed pro se by a state prisoner. He seeks review 15 of a prison disciplinary finding that resulted in the loss of time credits. The disciplinary finding 16 occurred in this district. However, plaintiff is currently housed at California Health Care Facility- 17 Stockton, which is in the Eastern District of California. 18 Venue is proper in a habeas action in either the district of confinement or the district of 19 conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the preferable forum to 20 review the execution of a sentence. Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 21 (9th Cir. 1989). Because petitioner’s challenge goes to the execution of his sentence, this petition 22 is transferred to the United States District Court for the Eastern District of California. See 28 23 U.S.C. § 1404(a); Habeas L.R. 2254-3(b). 24 25 26 27 28 IT IS SO ORDERED. Dated: July 28, 2017 ________________________ NANDOR J. VADAS United States Magistrate Judge

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