Carrea v. State of California et al

Filing 5

ORDER TRANSFERRING CASE to the Central District of Calilfornia, Eastern Division. Signed by Judge Charles R. Breyer on 5/8/2014. (Attachments: # 1 Certificate/Proof of Service)(be, COURT STAFF) (Filed on 5/8/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Petitioner seeks federal habeas review of the execution of a state sentence

CHRISTOPHER CARREA, P77287,
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Petitioner,
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vs.
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CYNTHIA Y. TAMPKINS, Warden,
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Respondent.

No. C 14-1792 CRB (PR)
ORDER OF TRANSFER
(Docket #4)

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imposed by San Diego County Superior Court, which lies in the Southern District of

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California. See 28 U.S.C. § 84(d). Specifically, petitioner challenges the failure of the

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California Department of Corrections and Rehabilitation (CDCR) to recalculate and set

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an earlier release date for him in order to meet court set prison population reduction

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benchmarks. Petitioner is incarcerated at the California Rehabilitation Center in

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Riverside County, which lies in the Central District of California, Eastern Division. See

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id. § 84(c)(1).

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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 Riverside County lies in the Central District of California, Eastern

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Division, the court orders that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule

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2254-3(b), and in the interest of justice, this petition be transferred to the United States

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District Court for the Central District of 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: May 8, 2014

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.14\Carrea, C.14-1792.transfer.wpd

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