Tillman v. Board of Prison Terms

Filing 6

ORDER OF TRANSFER. Signed by Judge Vaughn R Walker on 11/5/2010. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 11/8/2010)

Tillman v. Board of Prison Terms

Doc. 6

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 Plaintiff/Petitioner, presently incarcerated at Corcoran State Prison in Kings County, California, has filed a pro se civil rights action under 42 USC § 1983. Doc #1. Plaintiff challenges ANTHONY TILLMAN, Plaintiff/Petitioner, v BOARD OF PRISON TERMS, Defendant/Respondent. / ORDER OF TRANSFER No C-10-4617 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

the denial of parole, which addresses the execution of his sentence, rather than the validity of his conviction. Rather than proceeding

by way of a civil rights complaint, to challenge the execution of his sentence plaintiff must proceed by filing a petition for a writ of habeas corpus. See 28 USC 2254. Further, as explained below, he

must file in the Eastern District of California where venue is proper. //

Dockets.Justia.com

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Venue for habeas cases involving state prisoners is proper in either the district of confinement or the district of conviction. See 28 USC § 2241(d). The district of confinement is Habeas

the preferable forum to review the execution of a sentence.

LR 2254-3(a)(2); Dunne v Henman, 875 F2d 244, 249 (9th Cir 1989). Because the county of confinement, ie, Kings, lies within the venue of the Eastern District of California, pursuant to 28 USC § 1406(a) and Habeas Local Rule 2254-3(b)(2) and in the interest of justice, the Court orders this Petition TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter and terminate all pending motions as moot.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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