Vega v. Federal Bureau of Prisons et al

Filing 2

PROPOSED ORDER OF TRANSFER, recommended for entry by Judge J. Kelley Arnold. (CMG; copy mailed to Plaintiff) Modified on 2/26/2009: corrected language to read "proposed" before the order language, as this order has not been signed by district judge (CMG).

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 Before the court is a petition for writ of habeas corpus. Petitioner is currently in custody, on work release and/or probation, residing in Tacoma, Washington. The Petition appears to attack the legality or basis of the sentence received under cause number CR04-0413MJP. Petitioner specifically challenges the revocation of his "reduction of sentence `entitlement' for completion of the 500 hour residential drug abuse program (RDAP)." Petitioner argues the Federal Bureau of Prisons's actions have violated his federal rights and denied him due process of law. For reasons which follow, this court transfers this matter to the U.S. District Court for the Western District of Washington in Seattle. An application for a writ of habeas corpus may be filed either in the district court wherein the petitioner is in custody or in the district court within the State court which convicted and sentenced the petitioner; such district courts have concurrent jurisdiction to entertain the application. 28 U.S.C. § 2241(d); Fest v. Bartee, 804 F.2d 559, 560 (9th Cir. 1986). "The physical presence of the prisoner is not necessary for habeas corpus jurisdiction as long as the court has jurisdiction over the person holding the prisoner." Fest, 804 F.2d at 560, citing, Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484,
ORDER Page - 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA JUAN D. VEGA, JR., Petitioner, v. FEDERAL BUREAU OF PRISONS, Respondent. Case No. C09-5076FDB ORDER OF TRANSFER

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494-95 (1973). To determine where the action should be located the court should review traditional venue considerations. Id. In the present case Petitioner is challenging length of his sentence and the Federal Bureau of Prisons' rules and regulations. The underlying criminal matter took place in Seattle, and the sentence being challenged was imposed by the Honorable Marsha Pechman in Seattle, Washington. In the interest of justice, the petition should be transferred to the U.S. District Court located in Seattle. The Clerk of this court is hereby directed to transfer this case to the U.S. District Court for Western District of Washington in Seattle. DATED this _____ day of ________________________, 2009.

Franklin D. Burgess United States District Judge

Recommended for entry this 23rd day of February, 2009. /s/ J. Kelley Arnold J. Kelley Arnold United States Magistrate Judge

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