Andrade v. Adams

Filing 3

ORDER OF TRANSFER to the USDC for the Eastern District of California. (SI, COURT STAFF) (Filed on 6/11/2009) (Additional attachment(s) added on 6/19/2009: # 1 cs) (ys, COURT STAFF).

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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 STEVEN ANTHONY ANDRADE, Petitioner, v. ADAMS, warden, Respondent. / No. C 09-1646 SI (pr) ORDER OF TRANSFER Petitioner has filed a petition for writ of habeas corpus to challenge the decision to validate him as a gang affiliate. Although the gang validation apparently took place while he was at Pelican Bay State Prison in Del Norte County, petitioner is now housed at the California State Prison - Corcoran, in Kings County. Kings County is 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 about an administrative segregation 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: June 11, 2009 SUSAN ILLSTON United States District Judge

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