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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 LESTER HAMILTON, 9 United States District Court For the Northern District of California 10 11 12 No. C 13-00393 YGR (PR) Petitioner, ORDER OF TRANSFER vs. RICK HILL, Warden, Respondent. / 13 14 15 16 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 17 more federal judicial districts may be filed in either the district of confinement or the district of 18 conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed, however, may 19 transfer the petition to the other district in the furtherance of justice. See id. Federal courts in 20 California traditionally have chosen to hear petitions challenging a conviction or sentence in the 21 district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. 22 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if a habeas petition is directed to the manner in 23 which a sentence is being executed, e.g., if it involves parole or time credit claims, the district of 24 confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 25 249 (9th Cir. 1989). 26 Petitioner is incarcerated at Folsom State Prison, which lies within the venue of the Eastern 27 District of California. See 28 U.S.C. § 84. Because Petitioner challenges the execution of his 28 sentence, the Court hereby ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254- 1 3(b), and in the interests of justice, this petition be TRANSFERRED to the United States District 2 Court for the Eastern District of California. 3 4 5 6 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 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\YGR\HC.13\Hamilton0393.transfer.wpd 2

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