Taylor v. California Board of Parole Hearings

Filing 8

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Ronald M. Whyte on 12/19/12. (jg, COURT STAFF) (Filed on 12/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JERRY LYNN TAYLOR,

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Petitioner,
vs.

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CALIFORNIA BOARD OF PAROLE
HEARINGS,

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Respondent.

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No. C 12-4899 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 challenging the Board of Parole Hearings’ decision to deny him

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parole. Petitioner is currently incarcerated at Pleasant Valley State Prison in Coalinga,

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California, which lies in the Eastern District of 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, if the petition is directed to the manner in which a

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sentence is being executed, e.g., if it involves parole or time credits claims, the district of

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confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875

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F.2d 244, 249 (9th Cir. 1989). Here, the Eastern District of California is the district of

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confinement.

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Accordingly, this case is TRANSFERRED to the United States District Court for the
Eastern District of California, the district of petitioner’s confinement. See 28 U.S.C. § 1404(a);
Order of Transfer
G:\PRO-SE\SJ.Rmw\HC.11\Taylor899transf.wpd

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Habeas L.R. 2254-3(b)(2). The clerk shall terminate any pending motions and transfer the entire

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file to the Eastern District of California.

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IT IS SO ORDERED.
DATED: _______________
RONALD M. WHYTE
United States District Judge

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Order of Transfer
G:\PRO-SE\SJ.Rmw\HC.11\Taylor899transf.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JERRY LYNN TAYLOR,

Case Number: CV12-04899 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
CALIFORNIA BOARD OF PAROLE 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 December 19, 2012, 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.

Jerry Lynn Taylor CCR #D-05217
Pleasant Valley State Prison
P.O. Box 8500
Coalinga, CA 93210
Dated: December 19, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk