Getsinger v. Hageman et al

Filing 10

ORDER TRANSFERRING CASE. Signed by Judge Jeremy Fogel on 5/5/11. (dlm, COURT STAFF) (Filed on 5/19/2011)

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHARLES R. GETSINGER,
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Petitioner,
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vs.
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HARRY HAGEMAN, et al.,
Respondents.

No. C 11-01143 JF (PR)

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ORDER OF TRANSFER

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Petitioner, a parolee proceeding pro se, filed a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254, challenging his sentence. Petitioner has paid the filing fee.

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According to the petition, Petitioner was convicted of murder and sentenced to life

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in the State of New Jersey in January 1976. (Pet. at 2.) In January 1989, he was released

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on parole and transferred to California under “interstate parole.” (Id.) Petitioner claims

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he was given a term of 21 years with supervision, with a discharge date of January 2010.

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(Id.) When he began inquiring about his discharge papers in January 2010, he was told

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that a mistake had been made, and that his new discharge date was January 2099. (Id.)

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Petitioner was told that the change came from New Jersey. (Id.) Petitioner seeks

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cessation of parole supervision. (Id. at 1.)

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Petitions challenging a conviction are preferably heard in the district of conviction.
Order of Transfer
P:\PRO-SE\SJ.JF\HC.11\01143Getsinger_transfer.wpd

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See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968); cf.

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Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (district of confinement best forum

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to review execution of sentence). Although Petitioner resides in Fremont, California, he

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is serving a sentence for a conviction out of the State of New Jersey, which is not within

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the habeas jurisdiction of this Court. Furthermore, Petitioner is challenging an allegedly

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unlawful change in his discharge date that was made by the State of New Jersey.

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Accordingly, the Court finds that the United States District Court for New Jersey is the

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more appropriate venue for this action. This case is hereby TRANSFERRED to the

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United States District Court for New Jersey. See 28 U.S.C. §§ 110, 1404(a); Habeas L.R.

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2254-3(b)(1).
The Clerk shall transfer the entire file to the United States District Court for New

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Jersey.
IT IS SO ORDERED.
DATED:

5/5/11

JEREMY FOGEL
United States District Judge

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Order of Transfer
P:\PRO-SE\SJ.JF\HC.11\01143Getsinger_transfer.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

CHARLES R GETSINGER III,

Case Number: CV11-01143 JF

Petitioner,

CERTIFICATE OF SERVICE

v.
HARRY HAGEMAN, et al.,
Respondents.

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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.
5/19/11
That on
, 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.

Charles R. Getsinger
41060 High Street
Suite B
Fremont, CA 94538
Dated:

5/19/11
Richard W. Wieking, Clerk