Westbrook v. Runnels

Filing 4

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 6/14/06. (jjo, COURT STAFF) (Filed on 6/14/2006)

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Westbrook v. Runnels Doc. 4 Case 3:06-cv-03547-JSW Document 4 Filed 06/14/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a state prisoner currently incarcerated at High Desert State Prison, located in Susanville, California, within the venue of the United States District Court for the Eastern District of California. On June 2, 2006, he filed a petition for a writ of habeas corpus regarding the use of evidence of a shooting with which he was never criminally charged at his parole hearing before the Board of Prison Terms. A petition for a writ of habeas corpus made by a person in custody under the judgment and sentence of a state court of a state which contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. 2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the district court for the district where the petition is filed may transfer the petition to the other district in the furtherance of justice. See id. However, if the petition is directed to the manner in which a sentence is being executed, e.g., if it involves parole or time credits claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). In this case, the petition is directed to the execution of sentence. Therefore, the vs. DAVID L. RUNNELS, Warden, Respondent. TY D. WESTBROOK, Petitioner, ) ) ) ) ) ) ) ) ) ) No. C 06-3547 JSW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 3:06-cv-03547-JSW Document 4 Filed 06/14/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court will transfer this action to the United States District Court for the Eastern District of California. Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C. 1406(a), that this action be TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk of the Court shall transfer this matter forthwith. IT IS SO ORDERED. DATED: June 14, 2006 JEFFREY S. WHITE United States District Judge 2

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