Castro -v- Unknown

Filing 5

ORDER TRANSFERRING CASE. Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Eastern District of California. In light of this transfer, the Court will defer to the Eastern District with respect to p etitioners motion for leave to proceed in forma pauperis. The clerk shall transfer this matter and terminate any pending motions. Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Juan Manuel Castro. ***Civil Case Terminated. Signed by Judge James Ware on 1/6/2009. (ecg, COURT STAFF) (Filed on 1/7/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California JUAN MANUEL CASTRO, Petitioner, vs. D. G. ADAMS, Warden, Respondent. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) No. C 08-04649 JW (PR) ORDER OF TRANSFER Petitioner, a California prisoner incarcerated at Corcoran State Prison, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner challenges his state conviction for robbery and felony murder, among other crimes, which resulted in a sentence of 25 years-to-life without the possibility of parole. A petition for a writ of habeas corpus made by a person in custody under the judgment and sentence of a state court of a state that contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. 2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the district court for the district where the petition is filed may transfer the petition to the other district in the furtherance of justice. See id. The petition indicates that petitioner was convicted in San Diego Order of Transfer P:\PRO-SE\SJ.JW\HC.08\Castro04649_Transfer.wpd 1 2 3 4 5 6 7 8 9 10 County, which lies within the venue of the Southern District of California, and that he is confined in Corcoran (Kings County), which lies within the venue of the Eastern District of California. See 28 U.S.C. 84(b). Since the petition is directed to the manner in which a sentence is being executed, the district of confinement is the preferable forum. See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) ("The proper forum to challenge the execution of a sentence is the district where the prisoner is confined."); see also Habeas L.R. 2254-3(b) (providing for transfer of venue to district of confinement "if the petition is challenging the manner in which the sentence is being executed"). Because petitioner is confined in the Eastern District, the petition will be transferred to that district. Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. 1404(a), 2241(d); Habeas L.R. 2254-3. In light of this transfer, the Court will defer to the Eastern District with respect to petitioner's motion for leave to proceed in forma pauperis. (Docket No. 2.) The clerk shall transfer this matter and terminate any pending motions. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: 1/6/2009 JAMES WARE United States District Judge Order of Transfer P:\PRO-SE\SJ.JW\HC.08\Castro04649_Transfer.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUAN MANUEL CASTRO, Petitioner, v. D. G. ADAMS, Warden, Respondent. / Case Number: CV08-04649 JW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 1/7/2009 , I SERVED a true and correct copy(ies) of the attached, That on 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. Juan Manuel Castro P-76819 Corcoran State Prison P. O. Box 3476 Corcoran, Ca 93212 Dated: 1/7/2009 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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