Falla v. Ducart
Filing
10
ORDER TO TRANSFER. The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California. Signed by Judge Edward J. Davila on 4/5/2017. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 4/5/2017)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
BENDY A. FALLA,
United States District Court
Northern District of California
11
Petitioner,
12
Case No. 16-06325 EJD (PR)
ORDER OF TRANSFER
v.
13
14
WARDEN HATTON,
15
Respondent.
16
17
Petitioner, a state inmate currently confined at Folsom State Prison1 which lies
18
19
within Sacramento County, filed a pro se petition for writ of habeas corpus pursuant to 28
20
U.S.C. § 2254. In the petition, Petitioner challenges the actions of prison officials in
21
miscalculating his credits which is inconsistent with his plea bargain while he was
22
incarcerated at Pelican Bay State Prison. He seeks proper calculation of credits in
23
accordance with his plea bargain and the “‘order’ [of his] release from prison under special
24
condition.” (Pet. Attach. at 7.)
25
Since Petitioner is challenging the execution of his sentence, the district of
26
confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); Dunne v. Henman,
27
1
28
Petitioner’s current place of confinement is indicated by the most recent filing in this
action. (See Docket No. 9.)
1
875 F.2d 244, 249 (9th Cir. 1989) (a petition directed to the manner in which a sentence is
2
being executed, e.g., if it involves parole or time credits claims, the district of confinement
3
is the preferable forum). Petitioner is confined in Sacramento County, which lies within
4
the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Therefore, venue
5
properly lies in that district and not in this one for this habeas action. See 28 U.S.C. §
6
1391(b).
7
8
9
Accordingly, this case is TRANSFERRED to the United States District Court for
the Eastern District of California. See 28 U.S.C. § 1406(a).
The Clerk shall terminate all pending motions and transfer the entire file to the
Eastern District of California.
11
United States District Court
Northern District of California
10
IT IS SO ORDERED.
12
4/5/2017
Dated: _____________________
________________________
EDWARD J. DAVILA
United States District Judge
13
14
15
16
17
18
19
20
21
22
23
24
25
Order of Transfer
PRO-SE\EJD\HC.16\06325Falla_transfer(ED)
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?