Ellington v. Salinas Valley State Prison

Filing 6

ORDER of Transfer. Signed by Judge Edward M. Chen on 3/4/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 3/4/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARCUS RUBEN ELLINGTON,

No. C-12-6125 EMC (pr)

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Petitioner,
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v.

ORDER OF TRANSFER

SALINAS VALLEY STATE PRISON,
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For the Northern District of California

United States District Court

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Respondent.
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Petitioner, an inmate at the California State Prison in Lancaster, has filed a petition for writ

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of habeas corpus to challenge the execution of his sentence, i.e., a prison disciplinary decision.

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Although the disciplinary decision occurred while he was housed at Salinas Valley State Prison, he

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has since been transferred to a new prison. The prison at which Petitioner is now incarcerated is in

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Los Angeles County, within the venue of the Central District of California. Venue is proper in a

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habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d);

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however, the district of confinement is the preferable forum to review the execution of a sentence.

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

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Petitioner is confined in the Central District of California and challenging the execution of his

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sentence, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice,

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this action is TRANSFERRED to the United States District Court for the Central District of

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California. The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: March 4, 2013
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EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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