Garner v. Yates

Filing 3

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 11/30/2011. (ndr, COURT STAFF) (Filed on 11/30/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARTHUR GRADY GARNER,

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Petitioner,

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No. C 11-05566 CW (PR)
ORDER OF TRANSFER

v.
YATES, Warden,

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Respondent.

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

United States District Court
For the Northern District of California

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging

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as a violation of his constitutional rights the denial of parole by

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the California Board of Parole Hearings.

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application for leave to proceed in forma pauperis.

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Petitioner has filed an

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 Pleasant Valley State Prison, in

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Fresno County, which lies within the venue of the Eastern District

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of California.

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challenges the execution of his sentence, the Court hereby ORDERS

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that pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and

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in the interests of justice, this petition be TRANSFERRED to the

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United States District Court for the Eastern District of

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California.

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See 28 U.S.C. § 84(b).

Because Petitioner

IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated:

11/30/2011

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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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ARTHUR GARNER,

Case Number: CV11-05566 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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YATES et al,
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Defendant.
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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 November 30, 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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Arthur Grady Garner D-26064
Pleasant Valley State prison
P.O. Box 8501
Coalinga, CA 93210
Dated: November 30, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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