Haro v. Hartley

Filing 5

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 10/3/08. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 10/7/2008)

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1 2 3 4 5 6 7 8 9 10 vs. J. HARTLEY, Warden, Respondent. / ONESIMO HARO, Petitioner, No. C 08-1325 WHA (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 This is a habeas case filed pro se by a state prisoner. He has paid the filing fee. Petitioner contends that the Board of Parole Hearings and the California Department of Corrections and Rehabilitation are denying him parole on the basis of facts contrary to those found at his trial, or on the basis of facts not tried to a jury and found to be true beyond a reasonable doubt. The petition therefore goes to the execution of petitioner's sentence. Petitioner was convicted in Santa Clara County, which is in this district, and is incarcerated at Avenal State Prison, which lies within the venue of the Eastern District of California. 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). This petition therefore is TRANSFERRED to the United States District Court for the Eastern District of California. IT IS SO ORDERED. Dated: October 3 , 2008. G:\PRO-SE\W HA\HC.08\HARO1325.TRN.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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