Camp v. Hornbeak

Filing 3

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 12/20/06. (jjo, COURT STAFF) (Filed on 12/20/2006)

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Camp v. Hornbeak Doc. 3 Case 3:06-cv-07616-JSW Document 3 Filed 12/20/2006 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 Valley State Prison for Women, located in Chowcilla, California, in Madera County, within the venue of the United States District Court for the Eastern District of California. On December 13, 2006, this Court received the petition for a writ of habeas corpus regarding Petitioner's parole hearings before the Board of Prison Terms. Venue is proper in a habeas action in either the district of conviction or the district of confinement, see id 2241(d). Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 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). Therefore, this 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 vs. TINA HORNBEAK, Warden, Respondent. CHRISTY MARIE CAMP, Petitioner, ) ) ) ) ) ) ) ) ) ) No. C 06-7616 JSW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 3:06-cv-07616-JSW Document 3 Filed 12/20/2006 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 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:December 20, 2006 JEFFREY S. WHITE United States District Judge 2

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