Johnson v. The People of the State of California et al

Filing 5

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 9/29/2011. (ndr, COURT STAFF) (Filed on 9/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 11-04280 CW (PR)

PAUL SAMUEL JOHNSON,
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ORDER OF TRANSFER

Petitioner,
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v.
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THE PEOPLE OF THE STATE OF
CALIFORNIA, et al.,
Respondents.

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/

United States District Court
For the Northern District of California

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Petitioner, a state prisoner, has filed a pro se petition for

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a writ of habeas corpus in which he challenges the execution of his

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sentence.

Petitioner seeks leave to proceed in forma pauperis.

A petition for a writ of habeas corpus filed by a state

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prisoner in a State that contains two or more federal judicial

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districts may be filed in either the district of confinement or the

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district of conviction.

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court where the petition is filed, however, may transfer the

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petition to the other district in the furtherance of justice.

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id.

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petitions challenging a conviction or sentence in the district of

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conviction.

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Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).

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But if a habeas petition is directed to the manner in which a

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sentence is being executed, e.g., if it involves parole or time

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credit claims, the district of confinement is the preferable forum.

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See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th

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Cir. 1989).

See 28 U.S.C. § 2241(d).

The district

See

Federal courts in California traditionally have chosen to hear

See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D.

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Petitioner is incarcerated at California State Prison -

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Solano, which is located in Solano County and lies within the venue

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of the Eastern District of California.

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Because Petitioner challenges the execution of his sentence, the

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Court hereby ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas

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L.R. 2254-3(b), and in the interests of justice, this petition be

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TRANSFERRED to the United States District Court for the Eastern

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District of California.

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United States District Court
For the Northern District of California

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See 28 U.S.C. § 84(b).

All remaining motions are TERMINATED on this Court's docket as
no longer pending in this district.
IT IS SO ORDERED.
Dated:

9/29/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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PAUL S JOHNSON,

Case Number: CV11-04280 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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THE PEOPLE OF
CALIFORNIA et al,

THE

Defendant.

STATE

OF

/

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United States District Court
For the 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 September 29, 2011, 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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Paul Samuel Johnson F 41309
California State Prison - Solano
P.O. Box 4000
9 Building #148 low
2100 Peabody Road
Vacaville, CA 95969-4000

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Dated: September 29, 2011

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

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