Sosa v. Corcoran State Prison

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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALFRED R. SOSA,

United States District Court
Northern District of California

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Petitioner,
v.

Case No. 21-04329 EJD (PR)
ORDER OF TRANSER

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CORCORAN STATE PRISON,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas

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corpus under 28 U.S.C. § 2254, challenging a disciplinary proceeding that occurred while

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he was housed at California State Prison (CSP) – Sacramento, and resulted the loss of

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credits. Dkt. No. 5-1 at 35, 40.

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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). Federal courts in California traditionally have

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chosen to hear petitions challenging a conviction or sentence in the district of conviction or

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sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768

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(N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if the

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petition challenges the manner in which a sentence is being executed, e.g., if it involves

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parole or time credits claims, the district of confinement is the preferable forum. See

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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

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CSP-Corcoran in Kings County. Dkt. 5 at 1. Kings County lies within the venue of the

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Eastern District of California. See 28 U.S.C. § 84(b). Therefore, venue properly lies in

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that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is

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TRANSFERRED to the United States District Court for the Eastern District of California.

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See 28 U.S.C. § 1406(a).

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The Clerk shall terminate all pending motions and transfer the entire file to the

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Eastern District of California.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: __July 15, 2021___________

________________________
EDWARD J. DAVILA
United States District Judge

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Order of Transfer
PRO-SE\EJD\HC.21\04329Sosa_transfer(ED)

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