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)

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