Johnson v. Sisto

Filing 4

ORDER TRANSFERRING CASE to Eastern District of California.. Signed by Judge Claudia Wilken on 3/25/09. (scc, COURT STAFF) (Filed on 3/25/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CRAIG JOHNSON, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 08-04642 CW (PR) ORDER OF TRANSFER Petitioner, v. D. K. SISTO, Warden, CALIFORNIA BOARD OF PAROLE HEARINGS, Respondents. / Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus in which he challenges the execution of his sentence. He has paid the filing fee. A petition for a writ of habeas corpus filed by a state prisoner in a State that contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. 2241(d). The district court where the petition is filed, however, may transfer the petition to the other district in the furtherance of justice. id. See Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if a habeas petition is directed to the manner in which a sentence is being executed, e.g., if it involves parole or time credit claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is incarcerated at California State Prison Solano, which lies within the venue of the Eastern District of California. See 28 U.S.C. 84. Because Petitioner challenges the execution of his sentence, the Court hereby ORDERS that pursuant to 28 U.S.C. 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California. IT IS SO ORDERED. Dated: 3/25/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CRAIG R. JOHNSON, Plaintiff, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV08-04642 CW CERTIFICATE OF SERVICE OF PAROLE C A L I F O R N I A BOARD HEARINGS et al, Defendant. / 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 March 25, 2009, 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. Craig Johnson C-08327 CSP-Solano 15-H-6L P.O. Box 4000 Vacaville, CA 95696-4000 Dated: March 25, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk 3

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