Sosa

Filing 13

ORDER OF TRANSFER Signed by Judge Edward J. Davila on 7/15/2021. (tshS, COURT STAFF) (Filed on 7/15/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 ALFRED R. SOSA, United States District Court Northern District of California 11 12 Petitioner, v. Case No. 21-04329 EJD (PR) ORDER OF TRANSER 13 14 15 CORCORAN STATE PRISON, Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 19 corpus under 28 U.S.C. § 2254, challenging a disciplinary proceeding that occurred while 20 he was housed at California State Prison (CSP) – Sacramento, and resulted the loss of 21 credits. Dkt. No. 5-1 at 35, 40. 22 Venue for a habeas action is proper in either the district of confinement or the 23 district of conviction, 28 U.S.C. § 2241(d). Federal courts in California traditionally have 24 chosen to hear petitions challenging a conviction or sentence in the district of conviction or 25 sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 26 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if the 27 petition challenges the manner in which a sentence is being executed, e.g., if it involves 28 parole or time credits claims, the district of confinement is the preferable forum. See 1 2 Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Here, the petition involves time credit claims and Petitioner is currently confined at 3 CSP-Corcoran in Kings County. Dkt. 5 at 1. Kings County lies within the venue of the 4 Eastern District of California. See 28 U.S.C. § 84(b). Therefore, venue properly lies in 5 that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is 6 TRANSFERRED to the United States District Court for the Eastern District of California. 7 See 28 U.S.C. § 1406(a). 8 The Clerk shall terminate all pending motions and transfer the entire file to the 9 Eastern District of California. 10 IT IS SO ORDERED. United States District Court Northern District of California 11 Dated: __July 15, 2021___________ ________________________ EDWARD J. DAVILA United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Order of Transfer PRO-SE\EJD\HC.21\04329Sosa_transfer(ED) 26 27 28 2

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