Brisette v. California Supreme Court et al
Filing
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ORDER TRANSFERRING CASE.(CERTIFICATE OF SERVICE ATTACHED) Signed by Judge Phyllis J. Hamilton on 2/1/16. (napS, COURT STAFF) (Filed on 2/1/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PHILLIP BRISETTE,
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Plaintiff,
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ORDER OF TRANSFER
v.
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THE PEOPLE, et al.,
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Defendants.
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United States District Court
Northern District of California
Case No. 15-cv-05578-PJH
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Petitioner, a state prisoner, filed a petition for a writ of habeas corpus under 28
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U.S.C. § 2254. The original petition sought an order compelling a state court to conduct
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a hearing regarding petitioner’s state habeas petition challenging a disciplinary hearing
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resulting in the forfeiture of time credits. Petitioner has filed an amended petition solely
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challenging the disciplinary hearing.
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Venue for a habeas action is proper in either the district of confinement or the
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district of conviction, 28 U.S.C. § 2241(d). If the 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 credits claims, the
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district of confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); Dunne v.
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Henman, 875 F.2d 244, 249 (9th Cir. 1989). The petition indicates that petitioner is
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confined at the California State Prison-Solano, which lies within the venue of the Eastern
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District of California. See 28 U.S.C. § 84(b).1
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The disciplinary hearing occurred while petitioner was incarcerated in the Central
District of California. There is no connection to this district.
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Accordingly, the above-titled action is hereby TRANSFERRED to the United
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States District Court for the Eastern District of California. See 28 U.S.C. §§ 1404(a),
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2241(d); Habeas L.R. 2254-3.
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IT IS SO ORDERED.
Dated: February 1, 2016
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PHYLLIS J. HAMILTON
United States District Judge
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United States District Court
Northern District of California
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PHILLIP BRISETTE,
Case No. 15-cv-05578-PJH
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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THE PEOPLE, et al.,
Defendants.
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United States District Court
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 February 2, 2016, 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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Phillip Brisette ID: P44080
CSP Solano 8-250 Low
P.O. Box 4000
Vacaville, CA 95696-4000
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Dated: February 2, 2016
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Nichole Peric, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON
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