Cox v. San Quentin Warden et al

Filing 5

ORDER TRANSFERRING CASE. Signed by Judge Jeremy Fogel on 8/30/10. (dlm, COURT STAFF) (Filed on 8/31/2010)

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Cox v. San Quentin Warden et al Doc. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, ) ) vs. ) ) ) SAN QUENTIN WARDEN, ) ) Respondent. _________________________________ ) SAMUEL L. COX, C 10-02318 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 a February 2010 parole hearing. Petitioner has paid the filing fee. Although the hearing took place at the San Mateo County Jail, (Pet. 3), Petitioner is currently confined at the Substance Abuse Treatment Facility in Corcoran of Kings County, which is located within the venue of the Eastern District of California. 28 U.S.C. 84(b). 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\Cox02318_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 Eastern 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 Eastern District of California. IT IS SO ORDERED. 8/30/10 DATED: _________________________ JEREMY FOGEL United States District Judge Order of Transfer P:\PRO-SE\SJ.JF\HC.10\Cox02318_transfer.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAMUEL L. COX, Petitioner, v. SAN QUENTIN WARDEN, Respondent. / Case Number: CV10-02318 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 8/31/10 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. Samuel L. Cox P24837 Substance Abuse Treatment Facility G-gym 117 P.O. Box 5248 Corcoran, CA 93212 Dated: 8/31/10 Richard W. Wieking, Clerk

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