Gonzales v. Subia

Filing 2

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 8/8/07. (jjo, COURT STAFF) (Filed on 8/8/2007)

Gonzales v. Subia

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Case 3:07-cv-03907-JSW

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Filed 08/08/2007

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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 Mule Creek State Prison, located in Ione, California, within the venue of the United States District Court for the Eastern District of California. On July 30, 2007, Petitioner filed this petition regarding his parole hearing before the Board of Prison Terms. The Court notes that Petitioner also filed an earlier petition in this district under case number C 07-3840 JSW (PR), which was previously transferred to the United States District Court for the Eastern District of California. Petitioner has paid the filing fee on this petition. 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 vs. R. J. SUBIA, Warden, Respondent. GONZALO R. GONZALES, Petitioner, ) ) ) ) ) ) ) ) ) ) No. C 07-3907 JSW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case 3:07-cv-03907-JSW

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(9th Cir. 1989). Petitioner's claims are directed to the execution of sentence, in that they involve the failure of the Board to find Petitioner suitable for parole. 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 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:August 8, 2007 JEFFREY S. WHITE United States District Judge

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Gonzalo R. Gonzales C74420 M.C.S.P. P.O. Box 409020 Ione, CA 95640 Dated: August 8, 2007 v. R.J. SUBIA et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

GONZALO R. GONZALES, Plaintiff,

Case Number: CV07-03907 JSW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 8, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk