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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JOHN RICHARDSON, 9 Petitioner, v. 11 For the Northern District of California United States District Court 10 No. C-13-2109 EMC (pr) GARY SWARTHOUT, Warden, 12 ORDER OF TRANSFER Respondent. ___________________________________/ 13 14 Petitioner, an inmate at the California State Prison - Solano, has filed a petition for writ of 15 habeas corpus to challenge the execution of his sentence, i.e., the denial of parole by the Board of 16 Parole Hearings. The prison at which Petitioner is incarcerated is in Solano County, within the 17 venue of the Eastern District of California. Venue is proper in a habeas action in either the district 18 of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, the district of 19 confinement is the preferable forum to review the execution of a sentence. See Habeas L.R. 2254- 20 3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because Petitioner is confined in the 21 Eastern District of California and challenging the execution of his sentence, pursuant to 28 U.S.C. § 22 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED 23 to the United States District Court for the Eastern District of California. The Clerk shall transfer this 24 matter forthwith. 25 26 27 28 IT IS SO ORDERED. Dated: July 3, 2013 _________________________ EDWARD M. CHEN United States District Judge

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