Morris v. Swarthout

Filing 5

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Ronald M. Whyte on 10/25/11. (jg, COURT STAFF) (Filed on 10/25/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 PHILLIP MORRIS, JR. 11 Petitioner, 12 vs. 13 14 WARDEN GARY SWARTHOUT, 15 Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 11-2924 RMW (PR) ORDER OF TRANSFER 16 17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. Petitioner seeks habeas relief from the execution of his sentence. 19 At the time petitioner filed this petition, he was in custody at California State Prison - Solano, in 20 Vacaville, California. 21 Venue for a habeas action is proper in either the district of confinement or the district of 22 conviction, 28 U.S.C. § 2241(d); however, petitions challenging the manner in which a sentence 23 is being executed are preferably heard in the district of confinement. See Habeas L.R. 2254- 24 3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Here, the Eastern District of 25 California is the district of confinement. 26 Accordingly, this case is TRANSFERRED to the United States District Court for the 27 Eastern District of California, the district of petitioner’s confinement when he filed this petition. 28 See 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b)(2). The clerk shall terminate all pending Order of Transfer P:\PRO-SE\SJ.RMW\HC.11\Morris924trans 1 2 3 motions from this court’s docket and transfer the entire file to the Eastern District of California. IT IS SO ORDERED. DATED: _______________ RONALD M. WHYTE United States District Judge 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 Order of Transfer P:\PRO-SE\SJ.RMW\HC.11\Morris924trans 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PHILLIP MORRIS JR, Case Number: CV11-02924 RMW Plaintiff, CERTIFICATE OF SERVICE v. GARY SWARTHOUT et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 25, 2011, 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. Phillip Morris H-59819 California State Prison - Solano III P.O. Box 4000 5-245I Vacaville, CA 95696 Dated: October 25, 2011 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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