Gray v. Finn

Filing 2

ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 7/24/07. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 7/24/2007)

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Gray v. Finn Doc. 2 Case 3:07-cv-03721-PJH Document 2 Filed 07/24/2007 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 v. CLAUDE FINN, Warden, Respondent. / JEFFREY DEE GRAY, Petitioner, No. C 07-3721 PJH (PR) ORDER OF TRANSFER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\PJH\HC.07\GRAY721.TRN.wpd This is a habeas case filed pro se by a state prisoner. He seeks review of a denial of parole by the Board of Parole Hearings. He was convicted in the Superior Court of Alameda County, which is in this district, and is housed at the Deuel Vocational Institution, which is in the Eastern District. Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. 2241(d); however, the district of confinement is the preferable forum to review the execution of a sentence. Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because petitioner's challenge goes to the execution of his sentence, this petition is transferred to the United States District Court for the Eastern District of California. See 28 U.S.C. 1404(a); Habeas L.R. 2254-3(b). IT IS SO ORDERED. Dated: 7/24/07 PHYLLIS J. HAMILTON United States District Judge

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