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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PHILLIP MORRIS, JR.
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Petitioner,
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vs.
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WARDEN GARY SWARTHOUT,

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Respondent.

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No. C 11-2924 RMW (PR)
ORDER OF TRANSFER

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

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pursuant to 28 U.S.C. § 2254. Petitioner seeks habeas relief from the execution of his sentence.

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At the time petitioner filed this petition, he was in custody at California State Prison - Solano, in

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Vacaville, California.

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Venue for a habeas action is proper in either the district of confinement or the district of

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conviction, 28 U.S.C. § 2241(d); however, petitions challenging the manner in which a sentence

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is being executed are preferably heard in the district of confinement. See Habeas L.R. 2254-

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3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Here, the Eastern District of

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California is the district of confinement.

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Accordingly, this case is TRANSFERRED to the United States District Court for the

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Eastern District of California, the district of petitioner’s confinement when he filed this petition.

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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

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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

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Order of Transfer
P:\PRO-SE\SJ.RMW\HC.11\Morris924trans

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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.

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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.
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