Hall v. Martel

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 4/29/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 4/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-1889 WHA (PR)

JAMES SEAN HALL,
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ORDER OF TRANSFER

v.
For the Northern District of California

United States District Court

Petitioner,
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MIKE MARTEL, Warden,
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Respondent.
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Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas
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corpus pursuant to 28 U.S.C. 2254 challenging the denial of parole. Petitioner was convicted in
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Santa Barbara County Superior Court, and he is incarcerated at Chuckawalla Valley State
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Prison, both of which lie within the venue of the Central District of California. See 28 U.S.C. §
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84.
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Jurisdiction for habeas cases involving state prisoners is proper in either the district of
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confinement or the district of conviction. 28 U.S.C. 2241(d). Venue for petitions challenging a
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conviction or sentence is preferable in the district of conviction. See Dannenberg v. Ingle, 831
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F. Supp. 767, 768 (N.D. Cal. 1993). If the petition is directed to the manner in which a sentence
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is being executed, for example if it involves parole or time credits claims, the district of
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confinement is the preferable forum. See Habeas L.R. 2254-3(b)(1); Dunne v. Henman, 875
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F.2d 244, 249 (9th Cir. 1989). Because petitioner was convicted and is incarcerated in the
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Central District of California, jurisdiction and venue are in the Central District. .
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Therefore, pursuant to 28 U.S.C. 1404(a) and Habeas L.R. 2254-3(b), and in the

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interests of justice, this petition is TRANSFERRED to the United States District Court for the

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Central District of California.

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The clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: April

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, 2011.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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