Saavedra v. Rackley

Filing 5

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 3/27/17. (lrcS, COURT STAFF) (Filed on 3/27/2017)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ALFONSO A. SAAVEDRA, Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 17-cv-00943-JD ORDER OF TRANSFER v. RONALD RACKLEY, Defendant. Docket No. 2 13 14 This is a habeas case filed pro se by a state prisoner. Petitioner was sentenced to a 15 determinate term of 10 years plus life in prison. People v. Saavedra, No. H018527 at 2 (Cal. Ct. 16 App. April 20, 2000). Petitioner seeks to challenge the execution of his sentence, with respect to 17 the Board of Parole Hearings failing to set a release date. He argues the failure to set a date 18 violates the Eighth and Fourteenth Amendments. Petitioner is currently incarcerated at Folsom 19 State Prison, which is in the venue of the United States District Court for the Eastern District of 20 California. His underlying conviction occurred in Santa Clara County which is in this district. 21 Venue for a habeas action is proper in either the district of confinement or the district of 22 conviction, 28 U.S.C. § 2241(d). The district of confinement is the preferable forum to review the 23 execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v Henman, 875 F2d 244, 249 (9th Cir 24 1989); cf Laue v Nelson, 279 F Supp 265, 266 (N.D. Cal. 1968) (district of conviction preferable 25 forum to review conviction). 26 27 28 1 Therefore, this case is TRANSFERRED to the United States District Court for the Eastern 2 District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). The motion to proceed in 3 forma pauperis (Docket No. 2) is VACATED and will be reviewed in the Eastern District. 4 5 IT IS SO ORDERED. Dated: March 27, 2017 6 7 JAMES DONATO United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ALFONSO A. SAAVEDRA, Case No. 17-cv-00943-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 RONALD RACKLEY, Defendant. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on March 27, 2017, 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. 16 17 18 19 Alfonso A. Saavedra Folsom State Prison #K95340 P.O. Box 950 Folsom, CA 95763 20 21 Dated: March 27, 2017 22 23 24 Susan Y. Soong Clerk, United States District Court 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 3

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