Richardson

Filing 5

ORDER of Transfer. Signed by Judge Edward M. Chen on 7/3/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 7/3/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN RICHARDSON,

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Petitioner,
v.

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For the Northern District of California

United States District Court

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No. C-13-2109 EMC (pr)

GARY SWARTHOUT, Warden,

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ORDER OF TRANSFER

Respondent.
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Petitioner, an inmate at the California State Prison - Solano, has filed a petition for writ of

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habeas corpus to challenge the execution of his sentence, i.e., the denial of parole by the Board of

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Parole Hearings. The prison at which Petitioner is incarcerated is in Solano County, within the

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venue of the Eastern District of California. Venue is proper in a habeas action in either the district

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of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, the district of

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confinement is the preferable forum to review the execution of a sentence. See Habeas L.R. 2254-

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3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because Petitioner is confined in the

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Eastern District of California and challenging the execution of his sentence, pursuant to 28 U.S.C. §

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1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED

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to the United States District Court for the Eastern District of California. The Clerk shall transfer this

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matter forthwith.

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IT IS SO ORDERED.
Dated: July 3, 2013
_________________________
EDWARD M. CHEN
United States District Judge