Fernandez v. Lewis

Filing 4

ORDER TRANSFERRING CASE to the Central District of California, Eastern Division. Signed by Judge Charles R. Breyer on 9/1/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 9/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FRANK J. FERNANDEZ, D-61222,

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Petitioner,

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vs.
G. D. LEWIS, Warden,
Respondent.

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No. C 11-4264 CRB (PR)
ORDER OF TRANSFER
(Docket # 3)

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Frank J. Fernandez, a prisoner at Pelican Bay State Prison, seeks a writ of habeas

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corpus under 28 U.S.C. § 2254 challenging a conviction from Riverside County

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Superior Court. Fernandez specifically claims that the state has breached the plea

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agreement upon which the conviction is based and that he received ineffective assistance

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of counsel during the plea agreement proceedings.

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

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district of conviction, 28 U.S.C.§ 2241(d); however, petitions challenging a conviction

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preferably are heard in the district of conviction, see Habeas L.R. 2254-3(a);

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Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993), and petitions challenging

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the execution of a sentence preferably are heard in the district of confinement, see

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

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although Fernandez suggests that his sentence is being executed in a unlawful manner,

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the court finds that the petition primarily challenges the validity of the underlying

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conviction. Consequently, the district of conviction is the preferable forum to review

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Fernandez's petition.

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Because the County of Riverside lies in the Central District of California,

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Eastern Division, 28 U.S.C. § 84(c)(1), 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 justice, this petition be

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TRANSFERRED to the United States District Court for the Central District of

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California, Eastern Division.

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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: Sept. 1, 2011
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.11\Fernandez, F1.transfer.wpd

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