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