Green v. Fox

Filing 5

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 4/23/2018. (ahm, COURT STAFF) (Filed on 4/23/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CLAUDELL GREEN, Petitioner, 8 9 10 United States District Court Northern District of California 11 12 Case No.18-cv-02161-JSC ORDER OF TRANSFER v. ROBERT FOX, Respondent. Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas 13 corpus under 28 U.S.C. § 2254. The petition argues that he is entitled to parole consideration 14 under California's Proposition 57. Petitioner was convicted in Los Angeles County and is 15 confined in Solano County. A petition for a writ of habeas corpus made by a person in custody under the judgment 16 17 and sentence of a state court of a state which contains two or more federal judicial districts may be 18 filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 19 Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the 20 district court for the district where the petition is filed may transfer the petition to the other district 21 in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear 22 petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 23 24 Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 25 1968). But if the petition challenges the manner in which a sentence is being executed, e.g., if it 26 involves parole or time credits claims, the district of confinement is the preferable forum. See 27 Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 28 1 As Petitioner challenges the execution of his sentence, the proper venue for his petition is 2 the district in which he is confined. Solano County is located within the venue of the Eastern 3 District of California. See 28 U.S.C. § 84. 4 5 6 7 Accordingly, in the interest of justice, this case is TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk shall transfer this matter forthwith. IT IS SO ORDERED. Dated: April 23, 2018 8 9 JACQUELINE SCOTT CORLEY United States Magistrate Judge 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 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CLAUDELL GREEN, Case No. 18-cv-02161-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 ROBERT FOX, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 23, 2018, 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. 18 19 20 Claudell Green ID: J-77948 California Medical Facility P.O. Box 2000 Vacaville, CA 95696 21 22 Dated: April 23, 2018 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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