Seehausen v. Gastelo
ORDER OF TRANSFER to the USDC for the Central District of California. (Illston, Susan) (Filed on 4/4/2017) (Additional attachment(s) added on 4/4/2017: # 1- erroneous attachment (disregard) Certificate/Proof of Service) (tfS, COURT STAFF). Mod ified on 4/4/2017 (tfS, COURT STAFF). Modified on 4/4/2017 (ysS, COURT STAFF). (Additional attachment(s) added on 4/4/2017: # 2 Erroneous Attachment - Certificate/Proof of Service) (tfS, COURT STAFF). Modified on 4/4/2017 (ysS, COURT STAFF). (Additional attachment(s) added on 4/4/2017: # 3 Certificate/Proof of Service) (tfS, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SCOTT CHARLES SEEHAUSEN,
ORDER OF TRANSFER
Re: Dkt. No. 1
United States District Court
Northern District of California
Case No. 17-cv-01230-SI
Petitioner, who was convicted in Los Angeles County Superior Court and now is
incarcerated at the California Men’s Colony in San Luis Obispo, has filed a petition for writ of
habeas corpus in which he asserts that he is being held in custody beyond the maximum length of
his term of imprisonment. The petition challenges the execution of his sentence. The prison at
which petitioner is incarcerated is in San Luis Obispo County, within the venue of the Central
District of California. Venue is proper in a habeas action in either the district of confinement or
the district of conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the
preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v.
Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because petitioner is confined in the Central District
of California and challenging the execution of his sentence, pursuant to 28 U.S.C. § 1406(a) and
Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United
States District Court for the Central District of California. The clerk shall transfer this matter
IT IS SO ORDERED.
Dated: April 4, 2017
United States District Judge
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