In re Armando E. Herrera

Northern District of California, cand-4:2014-cv-04756

ORDER OF TRANSFER. Signed by Judge JEFFREY S. WHITE on 12/17/14.

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 In re) No. C 14-4756 JSW (PR) 11)) 12 ARMANDO E. HERRERA,) ORDER OF TRANSFER) 13) Petitioner.) (Docket No. 6) 14)) 15 16 Petitioner is a state prisoner currently incarcerated at the California Health Care 17 Facility in Stockton, California, which lies within the venue of the United States District 18 Court for the Eastern District of California. He challenges the denial of parole. (See Dkt. 19 1.) 20 A petition for a writ of habeas corpus made by a person in custody under the 21 judgment and sentence of a state court of a state which contains two or more federal 22 judicial districts may be filed in either the district of confinement or the district of 23 conviction. See 28 U.S.C. § 2241(d). Each of such districts shall have concurrent 24 jurisdiction to entertain the petition; however, the district court for the district where the 25 petition is filed may transfer the petition to the other district in the furtherance of justice. 26 See id. However, if the petition is directed to the manner in which a sentence is being 27 executed, e.g., if it involves parole or time credits claims, the district of confinement is 28 the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 1 Petitioner challenges the execution of his sentence insofar as he challenges the 2 denial of parole. Accordingly, IT IS ORDERED in the interest of justice, and pursuant 3 to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States District 4 Court for the Eastern District of California, the district in which he is confined. In light 5 of the transfer, this Court will not resolve Petitioner's pending motion for an extension of 6 time to file a petition and for appointment of counsel. (Dkt. 6.) 7 The Clerk of the Court shall transfer this matter forthwith. 8 IT IS SO ORDERED. 9 DATED: December 17, 2014 10 JEFFREY S. WHITE United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2