Ramirez v. California Department of Corrections and Rehabilitation

Filing 4

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 3/14/2016. (ahm, COURT STAFF) (Filed on 3/14/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADAM SALAS RAMIREZ,
Plaintiff,

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United States District Court
Northern District of California

ORDER OF TRANSFER

v.

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Case No. 16-cv-01128-JSC

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,

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Defendant.

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Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas

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corpus challenging the denial of parole. He is incarcerated at the California Medical Facility

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(“CMF”) in Vacaville, California.

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A petition for a writ of habeas corpus made by a person in custody under the judgment and
sentence of a state court of a state which contains two or more federal judicial districts may be
filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d).

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Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the
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district court for the district where the petition is filed may transfer the petition to the other district

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in the furtherance of justice. See id. If the petition is directed to the manner in which a sentence is

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being executed, e.g., if it involves parole or time credits claims, the district of confinement is the

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

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1989).

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As the instant petition challenges the denial of parole, the district in which Petitioner is

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confined is the preferable venue. Vacaville, where Petitioner is confined, lies within the venue of

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the Eastern District of California. 28 U.S.C. § 84. Accordingly, in the interests of justice, this

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case is TRANSFERRED to the Eastern District of California.

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The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.
Dated: March 14, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADAM SALAS RAMIREZ,

Case No. 16-cv-01128-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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United States District Court
Northern District of California

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
Defendant.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on March 14, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Adam Salas Ramirez ID: Prisoner Id D-09734
California Medical Facility
P.O. Box 2500
J-161
Vacaville, CA 95696-2500
Dated: March 14, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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