Edelbacher v. California Board of Parole Hearings et al

Filing 9

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 5/4/17. (Attachments: # 1 Certificate/Proof of Service)(dl, COURT STAFF) (Filed on 5/4/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 PETER EDELBACHER, No. C 17-0118 WHA (PR) 10 Petitioner, ORDER OF TRANSFER 11 For the Northern District of California United States District Court 9 12 v. CALIFORNIA BOARD OF PAROLE HEARINGS, 13 Respondent. / 14 15 Petitioner is a state prisoner currently incarcerated at Pleasant Valley State Prison in 16 Coalinga, California. He has filed a petition for a writ of habeas corpus challenging a decision 17 by the Board of Parole Hearings that he may not be considered for release under the “Elder 18 Parole Program.” 19 A petition for a writ of habeas corpus made by a person in custody under the judgment 20 and sentence of a state court of a state which contains two or more federal judicial districts may 21 be filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 22 2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition; 23 however, the district court for the district where the petition is filed may transfer the petition to 24 the other district in the furtherance of justice. See id. Federal courts in California traditionally 25 have chosen to hear petitions challenging a conviction or sentence in the district of conviction. 26 See Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993). If the petition is directed to 27 the manner in which a sentence is being executed, e.g., if it involves parole or time credits 28 claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); 1 2 Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner challenges the manner in which his sentence is being executed insofar as he 3 challenges the decision that he is not eligible for release on parole. Thus the district of his 4 confinement is the preferable forum for his petition. Pleasant Valley State Prison, where he is 5 confined, is located within the venue of the Eastern District of California. Accordingly, in the 6 interest of justice, and pursuant to 28 U.S.C. 1406(a), that this action be TRANSFERRED to the 7 United States District Court for the Eastern District of California. 8 The clerk shall transfer this matter forthwith. 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 Dated: May 4 , 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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