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)

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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

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