Booker v. Dickenson

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 6/15/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 6/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JIMMY E. BOOKER, E-87959,

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Petitioner,
vs.

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K. DICKINSON, Warden.

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Respondent.

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No. C 11-2311 CRB (PR)
ORDER OF TRANSFER
(Docket # 3)

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Petitioner seeks federal habeas review of the execution of a sentence imposed by

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the San Mateo County Superior Court, which lies in this judicial district. See 28 U.S.C.

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§ 84(a). Petitioner is incarcerated at the California Medical Facility in Vacaville, Solano

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County, which lies in the Eastern District of California. See id. § 84(b).

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Venue is proper in a habeas action in either the district of conviction or the

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district of confinement, id. § 2241(d); however, the district of confinement is the

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preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a);

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Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989); cf. Laue v. Nelson, 279 F. Supp.

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265, 266 (N.D. Cal. 1968) (district of conviction preferable forum to review conviction).

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Because Solano County lies in the Eastern District of California, the court orders

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that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the

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interest of justice, this petition be transferred to the United States District Court for the

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Eastern District of California.

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The clerk shall transfer this matter and terminate all pending motions as moot.

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SO ORDERED.

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DATED:

June 15, 2011
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.11\Booker, J1.transfer.wpd

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