Lockett v. Diaz

Filing 7

ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 11/6/12. (Attachments: # 1 cert of service)(mpb, COURT STAFF) (Filed on 11/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ELLIS LORENZO LOCKETT,
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Petitioner,
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vs.
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RALF DIAZ,

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Respondent.

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No. C 12-4781 LHK (PR)
ORDER OF TRANSFER

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Petitioner, a state prisoner at Substance Abuse Treatment Facility, in Corcoran,

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

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challenging a decision made by the Board of Parole Hearings. Venue is proper in a habeas

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

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But the district of confinement is the preferable forum to review the execution of a sentence. See

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Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because

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Substance Abuse Treatment Facility lies in the Eastern District of California, the Court orders

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that, pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of

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justice, this petition be transferred to the United States District Court for the Eastern District of

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California.

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Accordingly, this case is TRANSFERRED to the United States District Court for the
Eastern District of California, the district in which Petitioner is currently confined. See 28
Order of Transfer
G:\PRO-SE\SJ.LHK\HC.11\Lockett781trans.wpd

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U.S.C. § 1404(a); Habeas L.R. 2254-3(b)(1). The Clerk shall terminate any pending motions

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and transfer the entire file to the Eastern District of California.

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IT IS SO ORDERED.
11/6/12
DATED: _______________
LUCY H. KOH
United States District Judge

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Order of Transfer
G:\PRO-SE\SJ.LHK\HC.11\Lockett781trans.wpd

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