Magee v. Soto

Filing 8

ORDER TRANSFERRING CASE to Western Division of the United States District Court for the Central District of California. Signed by Judge Yvonne Gonzalez Rogers on 10/13/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/13/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RUCHELL CINQUE MAGEE, Petitioner, 8 9 10 United States District Court Northern District of California 11 12 Case No. 17-cv-04329-YGR (PR) ORDER OF TRANSFER v. J. SOTO, Warden, Respondent. Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus 13 challenging the Board of Parole Hearing’s most recent decision on finding him unsuitable for 14 parole and the Board’s May 6, 2015 ruling. He has paid the full filing fee. 15 A petition for a writ of habeas corpus filed by a state prisoner in a State that contains two 16 or more federal judicial districts may be filed in either the district of confinement or the district of 17 conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed, however, may 18 transfer the petition to the other district in the furtherance of justice. See id. Federal courts in 19 California traditionally have chosen to hear petitions challenging a conviction or sentence in the 20 district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. 21 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if a habeas petition is directed to the manner 22 in which a sentence is being executed, e.g., if it involves parole or time credit claims, the district 23 of confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 24 244, 249 (9th Cir. 1989). 25 Petitioner is incarcerated at California State Prison - Los Angeles County in Lancaster, 26 California, which lies within the venue of the Western Division of the Central District of 27 California. See 28 U.S.C. § 84. Because Petitioner challenges the execution of his sentence, the 28 Court hereby ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in 1 the interests of justice, this petition be TRANSFERRED to the Western Division of the United 2 States District Court for the Central District of California. 3 4 5 6 7 8 All remaining motions, including Petitioner’s “Motion for Assignment of Special Master,” dkt. 7, are TERMINATED on this Court’s docket as no longer pending in this district. IT IS SO ORDERED. Dated: October 13, 2017 ________________________________________ YVONNE GONZALEZ ROGERS United States District Judge 9 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

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