Thompson v. Lockwood

Filing 15

ORDER OF TRANSFER. Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Eastern District of California. Signed by Judge Edward J. Davila on 4/4/2014. (ecg, COURT STAFF) (Filed on 4/7/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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DEWAYNE THOMPSON,
Petitioner,

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v.
TIMOTHY LOCKWOOD, et al.,
Respondents.

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No. C 13-04425 EJD (PR)
ORDER OF TRANSFER

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Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus

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under 28 U.S.C. § 2254, challenging a disciplinary hearing resulting in the forfeiture

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of ninety days credit.

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

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district of conviction, 28 U.S.C. § 2241(d). If the petition is directed to the manner

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in which a sentence is being executed, e.g., if it involves parole or time credits

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claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-

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3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). The petition

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indicates that Petitioner is confined at the California State Prison, Sacramento which

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lies within the venue of the Eastern District of California. See 28 U.S.C. 84(c).

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Accordingly, the above-titled action is hereby TRANSFERRED to the United
States District Court for the Eastern District of California. See 28 U.S.C. §§
Order of Transfer
P:\PRO-SE\EJD\HC.13\04425Thompson_transfer.wpd

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1404(a), 2241(d); Habeas L.R. 2254-3.
The Clerk shall transfer this matter and terminate any pending motions.

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DATED:

4/4/2014

EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Order of Transfer
P:\PRO-SE\EJD\HC.13\04425Thompson_transfer.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DEWAYNE THOMPSON,

Case Number: CV13-04425 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
TIMOTHY LOCKWOOD, et al.,
Respondents.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
4/7/2014
That on
, 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.

Dewayne Thompson T 12115
California State Prison, Sacramento (SAC)
P. O. Box 290066
Represa, CA 95671
Dated:

4/7/2014
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk