Bridges v. Castelo

Filing 4

ORDER TRANSFERRING CASE: The Clerk of the Court shall transfer the case to the Central District of California. Signed by Magistrate Judge Donna M. Ryu on 2/9/16. (ig, COURT STAFF) (Filed on 2/9/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL BRIDGES,

Case No. 16-cv-00491-DMR (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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JOSIE GASTELO, Acting Warden,
Respondent.

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United States District Court
Northern District of California

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Petitioner, a state prisoner who is incarcerated at the California Men’s Colony (“CMC”),

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has filed this pro se petition for a writ of habeas corpus challenging as a violation of his

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constitutional rights a 2013 denial of parole by the California Board of Parole Hearings. Dkt. 1.

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A petition for a writ of habeas corpus made by a person in custody under the judgment and

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sentence of a state court of a State which contains two or more federal judicial districts may be

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filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d).

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The district court where the petition is filed, however, may transfer the petition to the other district

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in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear

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petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v.

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Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.

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1968). If the petition is directed to the manner in which a sentence is being executed, e.g., if it

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involves parole or time credits claims, the district of confinement is the preferable forum. See

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Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).

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Petitioner was convicted in Los Angeles County and the challenged parole hearing took

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place in San Luis Obispo County, both of which are located in the Central District of California.

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See 28 U.S.C. § 84(c). CMC, the place of Petitioner’s confinement, is also located in the Central

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District of California. Id. Therefore, the Western Division of the United States District Court for

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the Central District of California has jurisdiction over this matter.

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Accordingly, this case is TRANSFERRED to the Western Division of the United States

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District Court for the Central District of California.1 See 28 U.S.C. § 1404(a). The Clerk of the

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Court shall transfer the entire file to the Central District of California. Any remaining pending

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motions are terminated as no longer pending before this court. Dkt. 2.
IT IS SO ORDERED.

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Dated: February 9, 2016
______________________________________
DONNA M. RYU
United States Magistrate Judge

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United States District Court
Northern District of California

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Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the jurisdiction
of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL BRIDGES,

Case No. 4:16-cv-00491-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CASTELO,
Defendant.

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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.

United States District Court
Northern District of California

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That on February 9, 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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Michael Bridges ID: H22876
California Men's Colony
P.O. Box 8101
San Luis Obispo, CA 93409-8101

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Dated: February 9, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

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