Colt v. Swarthout
Filing
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ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 6/28/11. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 6/28/2011) [Transferred from cand on 6/29/2011.]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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THOMAS MICHAEL COLT,
Petitioner,
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For the Northern District of California
United States District Court
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No. C 11-1687 PJH (PR)
v.
ORDER OF TRANSFER
GARY SWARTHOUT, Warden,
Respondent.
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This is a habeas case filed pro se by a state prisoner. He seeks review of a denial
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of parole by the Board of Parole Hearings. He was convicted in the Superior Court of San
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Mateo County, which is in this district, and is housed at California State Prison-Solano,
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which is in the Eastern District.
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Venue is proper in a habeas action in either the district of confinement or the district
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of conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the preferable
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forum to review the execution of a sentence. Habeas L.R. 2254-3(a); Dunne v. Henman,
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875 F.2d 244, 249 (9th Cir. 1989). Because petitioner's challenge goes to the execution of
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his sentence, this petition is transferred to the United States District Court for the Eastern
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District of California. See 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b).
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IT IS SO ORDERED.
Dated: June 28, 2011.
PHYLLIS J. HAMILTON
United States District Judge
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P:\PRO-SE\PJH\HC.11\COLD1687.TRN.wpd
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