Redwine v. Grounds

Filing 7

ORDER OF TRANSFER. Signed by Judge Thelton E. Henderson on 04/04/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 4/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C-11-4233 TEH (PR)

RAYMOND ALLEN REDWINE,

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Petitioner,
ORDER OF TRANSFER

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v.
R. GROUNDS, Warden,

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Respondent.

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/

Doc. #6

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Petitioner, a state prisoner incarcerated at Correctional

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Training Facility-North in Soledad, California, has filed a pro se

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Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254

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challenging a judgment of conviction from Butte County Superior

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Court.

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the district of conviction.

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Respondent’s petition is GRANTED.

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Doc. #1.

Respondent has filed a motion to transfer venue to
Doc. #6.

For the reasons that follow,

Venue is proper in a habeas action in either the district

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of conviction or the district of confinement.

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However, the district of confinement is the preferable forum to

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review the execution of a sentence, including parole.

28 U.S.C. § 2241(d).

See Habeas

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L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989);

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cf. Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968) (district

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of conviction preferable forum to review conviction).

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Butte County lies in the Eastern District of California (see 28

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U.S.C. § 84(b)), the Court orders that pursuant to 28 U.S.C.

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§ 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of

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justice, this petition be transferred to the United States District

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Court for the Eastern District of California.

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United States District Court
For the Northern District of California

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Because the

The Clerk shall transfer this matter, terminate all
pending motions as moot and close the file.

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IT IS SO ORDERED.

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DATED

04/04/2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Redwine-11-4233-transfer.wpd

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