Higueret v. Brown et al

Filing 4

ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 10/14/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 10/14/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STEVEN HIGUERET,
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Petitioner,
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vs.
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E.G. BROWN, et al.,
Respondents.

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No. C 11-4804 LHK (PR)
ORDER OF TRANSFER

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Petitioner, a state prisoner at High Desert State Prison, in Susanville, California, seeks

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federal habeas review of the execution of his state sentence. Specifically, he is challenging

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decisions made by the Board of Parole Hearings. Venue is proper in a habeas action in either the

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district of conviction or the district of confinement. 28 U.S.C. § 2241(d). But the district of

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confinement is the preferable forum to review the execution of a sentence. See Habeas L.R.

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2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because High Desert State

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Prison lies in the Eastern District of California, the Court orders that, pursuant to 28 U.S.C.

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§ 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, this petition be

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transferred to the United States District Court for the Eastern District of California.

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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 in which Petitioner is currently confined. See 28

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U.S.C. § 1404(a); Habeas L.R. 2254-3(b)(1). The Clerk shall terminate any pending motions
Order of Transfer
P:\PRO-SE\SJ.LHK\HC.11\Higueret804trans.wpd

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and transfer the entire file to the Eastern District of California.
IT IS SO ORDERED.
10/14/11
DATED: _______________
LUCY H. KOH
United States District Judge

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Order of Transfer
P:\PRO-SE\SJ.LHK\HC.11\Higueret804trans.wpd

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