Seehausen v. Gastelo

Filing 9

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).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SCOTT CHARLES SEEHAUSEN, Petitioner, 8 ORDER OF TRANSFER 9 v. 10 JOSIE GASTELO, Re: Dkt. No. 1 Respondent. 11 United States District Court Northern District of California Case No. 17-cv-01230-SI 12 Petitioner, who was convicted in Los Angeles County Superior Court and now is 13 incarcerated at the California Men’s Colony in San Luis Obispo, has filed a petition for writ of 14 habeas corpus in which he asserts that he is being held in custody beyond the maximum length of 15 his term of imprisonment. The petition challenges the execution of his sentence. The prison at 16 which petitioner is incarcerated is in San Luis Obispo County, within the venue of the Central 17 District of California. Venue is proper in a habeas action in either the district of confinement or 18 the district of conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the 19 preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. 20 Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because petitioner is confined in the Central District 21 of California and challenging the execution of his sentence, pursuant to 28 U.S.C. § 1406(a) and 22 Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United 23 States District Court for the Central District of California. The clerk shall transfer this matter 24 forthwith. 25 26 27 28 IT IS SO ORDERED. Dated: April 4, 2017 ______________________________________ SUSAN ILLSTON United States District Judge

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