Hamilton v. Hill

Filing 3

ORDER TRANSFERRING CASE to the U.S. District Court Eastern District of California. Signed by Judge Yvonne Gonzalez Rogers on 2/19/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LESTER HAMILTON,

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United States District Court
For the Northern District of California

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No. C 13-00393 YGR (PR)

Petitioner,

ORDER OF TRANSFER

vs.
RICK HILL, Warden,
Respondent.

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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 seeks leave to proceed in forma pauperis (IFP).
A petition for a writ of habeas corpus filed by a state prisoner in a State that contains two or

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more federal judicial districts may be filed in either the district of confinement or the district of

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conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed, however, may

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transfer the petition to the other district in the furtherance of justice. See id. Federal courts in

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California traditionally have chosen to hear petitions challenging a conviction or sentence in the

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district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v.

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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if a habeas petition is directed to the manner in

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which a sentence is being executed, e.g., if it involves parole or time credit claims, the district of

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confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244,

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249 (9th Cir. 1989).

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Petitioner is incarcerated at Folsom State Prison, which lies within the venue of the Eastern

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District of California. See 28 U.S.C. § 84. Because Petitioner challenges the execution of his

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sentence, the Court hereby ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-

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3(b), and in the interests of justice, this petition be TRANSFERRED to the United States District

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Court for the Eastern District of California.

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All remaining motions are TERMINATED on this Court's docket as no longer pending in
this district.
IT IS SO ORDERED.
DATED: February 19, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
For the Northern District of California

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G:\PRO-SE\YGR\HC.13\Hamilton0393.transfer.wpd

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