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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PETER EDELBACHER,

No. C 17-0118 WHA (PR)

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Petitioner,

ORDER OF TRANSFER

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For the Northern District of California

United States District Court

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v.
CALIFORNIA BOARD OF PAROLE
HEARINGS,

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Respondent.
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Petitioner is a state prisoner currently incarcerated at Pleasant Valley State Prison in
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Coalinga, California. He has filed a petition for a writ of habeas corpus challenging a decision
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by the Board of Parole Hearings that he may not be considered for release under the “Elder
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Parole Program.”
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A petition for a writ of habeas corpus made by a person in custody under the judgment
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and sentence of a state court of a state which contains two or more federal judicial districts may
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be filed in either the district of confinement or the district of conviction. See 28 U.S.C. §
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2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition;
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however, the district court for the district where the petition is filed may transfer the petition to
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the other district in the furtherance of justice. See id. Federal courts in California traditionally
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have chosen to hear petitions challenging a conviction or sentence in the district of conviction.
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See Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993). If the petition is directed to
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the manner in which a sentence is being executed, e.g., if it involves parole or time credits
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claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2);

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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

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challenges the decision that he is not eligible for release on parole. Thus the district of his

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confinement is the preferable forum for his petition. Pleasant Valley State Prison, where he is

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confined, is located within the venue of the Eastern District of California. Accordingly, in the

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interest of justice, and pursuant to 28 U.S.C. 1406(a), that this action be TRANSFERRED to the

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United States District Court for the Eastern District of California.

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The clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: May 4

, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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