Butler v. Marshall

Filing 2

ORDER of transfer. Signed by Judge Illston on 11/27/06. (SI, COURT STAFF) (Filed on 11/27/2006)

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Butler v. Marshall Doc. 2 Case 3:06-cv-07183-SI Document 2 Filed 11/27/2006 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 v. J O H N MARSHALL, warden, Res pon dent. / P e t i ti o n e r has filed a petition for writ of habeas corpus to challenge the denial of parole su ita bi lity. Petitioner is incarcerated, and apparently had his parole suitability hearing, at the Calif ornia Men's Colony in San Luis Obispo County. San Luis Obispo County is within the v e n u e of the Central District of California. Venue is proper in a habeas action in either the d i s tr i c t of confinement or the district of conviction, 28 U.S.C. 2241(d); however, the district o f confinement is the preferable forum to review the execution of a sentence, such as a parole d e n i a l claim. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). B e c a u s e petitioner is confined in the Central District of California and challenging the execution o f his sentence, pursuant to 28 U.S.C. 1404(a) and Habeas L.R. 2254-3(b), and in the interests o f justice, this action is TRANSFERRED to the United States D i s t r ic t Court for the Central D i s t r ic t of California. The clerk shall transfer this matter forthwith. I T IS SO ORDERED. D A T E D : November 27, 2006 SUSAN ILLSTON U n i t e d States District Judge N E L S O N T. BUTLER, Petitioner, No . C 06-7183 SI (pr) O R D E R OF TRANSFER U N I T E D STATES DISTRICT COURT N O R T H E RN DISTRICT OF CALIFORNIA United States District Court 12 13 F or the Northern District of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com

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