Van Voorhis v. Corcoran S.A.T.F. et al

Filing 4

ORDER OF TRANSFER. Case is transferred to the United States District Court for the Eastern District of California. Signed by Magistrate Judge Sallie Kim on 6/30/2016. (Attachments: # 1 Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 6/30/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WARREN A. VANVOORHIS, C42005, Case No. 16-cv-03636-SK (PR) Petitioner, 8 v. ORDER OF TRANSFER 9 10 BOARD OF PAROLE HEARINGS, Respondent. United States District Court Northern District of California 11 12 Petitioner seeks federal habeas review of the execution of a sentence imposed by San 13 Bernardino County Superior Court, which lies within the venue of the Central District of 14 California, Eastern Division. See 28 U.S.C. § 84(c)(1). Petitioner is incarcerated at the Substance 15 Abuse Treatment Facility and State Prison, Corcoran in Kings County, which lies within the venue 16 of the Eastern District of California. See id. § 84(b). 17 Venue is proper in a habeas action in either the district of conviction or the district of 18 confinement, see 28 U.S.C. § 2241(d); however, the district of confinement is the preferable forum 19 to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 20 244, 249 (9th Cir. 1989). 21 Because Kings County lies in the Eastern District of California, the court ORDERS that 22 pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, 23 this petition be TRANSFERRED to the United States District Court for the Eastern District of 24 California. 25 26 27 28 IT IS SO ORDERED. Dated: June 30, 2016 ______________________________________ SALLIE KIM United States Magistrate Judge

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