Avina v. Adams

Filing 5

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 6/24/2010. (ndr, COURT STAFF) (Filed on 6/24/2010)

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 JOSE AVINA,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 10-02681 CW (PR) ORDER OF TRANSFER

Petitioner, v. DARREL G. ADAMS, Respondent. /

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 also filed a motion to stay federal habeas

proceedings until all state remedies are exhausted. 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 Corcoran State Prison, which lies within the venue of the Central District of California. 28 U.S.C. § 84. See

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 and any pending motions be TRANSFERRED to the United States District Court for the Central District of California. All remaining motions are TERMINATED on this Court's docket as no longer pending in this district. IT IS SO ORDERED. Dated: 6/24/2010 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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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 Jose Avina J-86625 4B - 4R #23 P.O. Box 3481 Corcoran, CA 93212 Dated: June 24, 2010 JOSE AVINA, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV10-02681 CW CERTIFICATE OF SERVICE

DARREL G ADAMS 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 June 24, 2010, 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.

Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

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