Rhine v. United States Of America

Filing 4

ORDER TRANSFERRING CASE.. Signed by Judge Jeremy Fogel on 1/14/09. (dlm, COURT STAFF) (Filed on 1/23/2009) [Transferred from California Northern on 1/28/2009.]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOHN S. RHINE, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-03938 JF (PR) ORDER OF TRANSFER

(Docket No. 2)

Petitioner, a prisoner proceeding pro se, filed a motion pursuant to 28 U.S.C. § 2255, attacking a sentence imposed by this Court. However, is it obvious from the motion that Petitioner is a state prisoner, who was convicted in San Diego Superior Court and is currently serving his sentence at Atascadero State Hospital, a California state institution. A state prisoner challenging the constitutionality of his state conviction may do so by filing a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, petitions challenging a conviction are preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265,
Order of Transfer P:\PRO-SE\SJ.JF\HC.08\Rhine03938_transfer.wpd

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

266 (N.D. Cal. 1968); cf. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (district of confinement best forum to review execution of sentence). Accordingly, this case is TRANSFERRED to the United States District Court for the Southern District of California. See 28 U.S.C. §§ 1391(b), 1404(a); Habeas L.R. 2254-3(b)(1). In view of the transfer, the Court will not rule upon Petitioner's pending motion to proceed in forma pauperis (Docket No. 2). The Clerk shall terminate all pending motions and transfer the entire file to the Southern District of California. IT IS SO ORDERED. DATED: 1/14/09 JEREMY FOGEL United States District Judge

Order of Transfer P:\PRO-SE\SJ.JF\HC.08\Rhine03938_transfer.wpd

2