Berry v. Watson

Filing 3

ORDER OF TRANSFER to the USDC for the Eastern District of California. Signed by Judge Susan Illston .(SI, COURT STAFF) (Filed on 12/18/2008) (Additional attachment(s) added on 12/23/2008: # 1 cs) (ys, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DAVID BERRY, Petitioner, v. L. WATSON, Warden, Respondent. /

No. C 08-4563 SI (pr) ORDER OF TRANSFER

Petitioner has filed a petition for writ of habeas corpus to challenge a prison disciplinary decision. Although the disciplinary decision occurred while he was at the California

Correctional Center in Susanville in Lassen County, petitioner is now incarcerated at Avenal State Prison in Kings County. Both Lassen County and Kings County are 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, such as a claim concerning a prison disciplinary decision. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because petitioner is confined in the Eastern District of California and challenging the execution of his sentence, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter forthwith. IT IS SO ORDERED. DATED: December 18, 2008 SUSAN ILLSTON United States District Judge