Dixon v. Marshall

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge Jeremy Fogel on 7/19/10. (dlm, COURT STAFF) (Filed on 7/26/2010)

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Dixon v. Marshall Doc. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, ) ) vs. ) ) ) JOHN MARSHALL, Warden, ) ) Respondent. _________________________________ ) JEROME P. DIXON, C 10-01304 JF (PR) ORDER OF TRANSFER Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the June 2008 Board of Prison Terms' decision finding him unsuitable for parole. The parole hearing occurred at the California Men's Colony - East in San Luis Obispo, California, where Petitioner is currently incarcerated. The prison is located within the venue of the Western Division of the Central District of California. 28 U.S.C. 84(c)(2). Venue in a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. 2241(d); however, the district of confinement is the preferable forum to review the execution of a sentence, such as a parole denial claim. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Order of Transfer P:\PRO-SE\SJ.JF\HC.10\Dixon01304_transfer.wpd 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, this case is TRANSFERRED to the United States District Court for the Central District of California, the location of Petitioner's confinement. See 28 U.S.C. 1404(a); Habeas L.R. 2254-3(b)(1). The Clerk shall terminate any pending motions and transfer the entire file to the Western Division of the Central District of California. IT IS SO ORDERED. 7/19/10 DATED: _____________________ JEREMY FOGEL United States District Judge Order of Transfer P:\PRO-SE\SJ.JF\HC.10\Dixon01304_transfer.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JEROME P DIXON, Petitioner, v. JOHN MARSHALL, Warden, Respondent. / Case Number: CV10-01304 JF 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. , I SERVED a true and correct copy(ies) of the That on 7/26/10 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. Jerome P. Dixon H64249 California Men's Colony-East P.O. Box 8101 San Luis Obispo, CA 93409 Dated: 7/26/10 Richard W. Wieking, Clerk

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