Young v. Miller

Filing 4

ORDER TRANSFERRING CASE to Southern District of California. Signed by Judge Charles R. Breyer on 3/28/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 3/28/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MALCOM YOUNG, H72830,
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Petitioner,
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vs.
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AMY MILLER, Warden,
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Respondent.
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No. C 13-1213 CRB (PR)
ORDER OF TRANSFER
(Docket # 3)

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

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Contra Costa County Superior Court, which lies in this judicial district. See 28 U.S.C.

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§ 84(a). Petitioner is incarcerated at Centinela State Prison in Imperial County, which

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lies in the Southern District of California. See id. § 84(d).

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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 Imperial County lies in the Southern District of California, the court

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orders 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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Southern 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: March 27, 2013

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.13\Young, M.13-1213.transfer.wpd

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