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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 JERRY LYNN TAYLOR, 11 12 Petitioner, vs. 13 14 CALIFORNIA BOARD OF PAROLE HEARINGS, 15 Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. C 12-4899 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 challenging the Board of Parole Hearings’ decision to deny him 19 parole. Petitioner is currently incarcerated at Pleasant Valley State Prison in Coalinga, 20 California, which lies in the Eastern District of 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, if the petition is directed to the manner in which a 23 sentence is being executed, e.g., if it involves parole or time credits claims, the district of 24 confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875 25 F.2d 244, 249 (9th Cir. 1989). Here, the Eastern District of California is the district of 26 confinement. 27 28 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 1 Habeas L.R. 2254-3(b)(2). The clerk shall terminate any pending motions and transfer the entire 2 file to the Eastern District of California. 3 4 IT IS SO ORDERED. DATED: _______________ RONALD M. WHYTE United States District Judge 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 G:\PRO-SE\SJ.Rmw\HC.11\Taylor899transf.wpd 2 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. / 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

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