Brisette v. California Supreme Court et al

Filing 11

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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PHILLIP BRISETTE, 7 Plaintiff, 8 ORDER OF TRANSFER v. 9 THE PEOPLE, et al., 10 Defendants. 11 United States District Court Northern District of California Case No. 15-cv-05578-PJH 12 Petitioner, a state prisoner, filed a petition for a writ of habeas corpus under 28 13 14 U.S.C. § 2254. The original petition sought an order compelling a state court to conduct 15 a hearing regarding petitioner’s state habeas petition challenging a disciplinary hearing 16 resulting in the forfeiture of time credits. Petitioner has filed an amended petition solely 17 challenging the disciplinary hearing. 18 Venue for a habeas action is proper in either the district of confinement or the 19 district of conviction, 28 U.S.C. § 2241(d). If the petition is directed to the manner in 20 which a sentence is being executed, e.g., if it involves parole or time credits claims, the 21 district of confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); Dunne v. 22 Henman, 875 F.2d 244, 249 (9th Cir. 1989). The petition indicates that petitioner is 23 confined at the California State Prison-Solano, which lies within the venue of the Eastern 24 District of California. See 28 U.S.C. § 84(b).1 25 26 27 1 28 The disciplinary hearing occurred while petitioner was incarcerated in the Central District of California. There is no connection to this district. 1 Accordingly, the above-titled action is hereby TRANSFERRED to the United 2 States District Court for the Eastern District of California. See 28 U.S.C. §§ 1404(a), 3 2241(d); Habeas L.R. 2254-3. 4 5 IT IS SO ORDERED. Dated: February 1, 2016 6 7 PHYLLIS J. HAMILTON United States District Judge 8 9 \\CANDOAK\Data\Users\PJHALL\_psp\2015\2015_05578_Brisette_v_California_Supreme_Court_(PSP)\15-cv-05578-PJH-_trn.docx 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 PHILLIP BRISETTE, Case No. 15-cv-05578-PJH Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 THE PEOPLE, et al., Defendants. 8 9 10 United States District Court Northern District of California 11 12 13 14 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. 15 16 17 Phillip Brisette ID: P44080 CSP Solano 8-250 Low P.O. Box 4000 Vacaville, CA 95696-4000 18 19 20 Dated: February 2, 2016 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 By:________________________ Nichole Peric, Deputy Clerk to the Honorable PHYLLIS J. HAMILTON 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?