Booker v. Dickenson

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 6/15/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 6/15/2011) [Transferred from cand on 6/16/2011.]

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1 2 3 4 5 6 7 8 9 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 JIMMY E. BOOKER, E-87959, 15 16 Petitioner, vs. 17 K. DICKINSON, Warden. 18 Respondent. ) ) ) ) ) ) ) ) ) ) No. C 11-2311 CRB (PR) ORDER OF TRANSFER (Docket # 3) 19 20 Petitioner seeks federal habeas review of the execution of a sentence imposed by 21 the San Mateo County Superior Court, which lies in this judicial district. See 28 U.S.C. 22 § 84(a). Petitioner is incarcerated at the California Medical Facility in Vacaville, Solano 23 County, which lies in the Eastern District of California. See id. § 84(b). 24 Venue is proper in a habeas action in either the district of conviction or the 25 district of confinement, id. § 2241(d); however, the district of confinement is the 26 preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); 27 Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989); cf. Laue v. Nelson, 279 F. Supp. 28 265, 266 (N.D. Cal. 1968) (district of conviction preferable forum to review conviction). 1 Because Solano County lies in the Eastern District of California, the court orders 2 that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the 3 interest of justice, this petition be transferred to the United States District Court for the 4 Eastern District of California. 5 The clerk shall transfer this matter and terminate all pending motions as moot. 6 SO ORDERED. 7 DATED: June 15, 2011 CHARLES R. BREYER United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 G:\PRO-SE\CRB\HC.11\Booker, J1.transfer.wpd 27 28 2

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