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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WARREN A. VANVOORHIS, C42005,

Case No. 16-cv-03636-SK (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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BOARD OF PAROLE HEARINGS,
Respondent.

United States District Court
Northern District of California

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Petitioner seeks federal habeas review of the execution of a sentence imposed by San

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Bernardino County Superior Court, which lies within the venue of the Central District of

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California, Eastern Division. See 28 U.S.C. § 84(c)(1). Petitioner is incarcerated at the Substance

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Abuse Treatment Facility and State Prison, Corcoran in Kings County, which lies within the venue

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of the Eastern District of California. See id. § 84(b).

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Venue is proper in a habeas action in either the district of conviction or the district of

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confinement, see 28 U.S.C. § 2241(d); however, the district of confinement is the preferable forum

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to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d

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244, 249 (9th Cir. 1989).

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Because Kings County lies in the Eastern District of California, the court ORDERS that

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pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice,

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this petition be TRANSFERRED to the United States District Court for the Eastern District of

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California.

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IT IS SO ORDERED.
Dated: June 30, 2016
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SALLIE KIM
United States Magistrate Judge