Upton v. Fakhoury
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/16/11 ORDERING that this matter is transferred to the United States District Court for the Central District of California. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID UPTON,
Petitioner,
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No. 2:11-cv-3004 KJN P
vs.
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AREF FAKHOURY, et al.,
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Respondents.
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ORDER
Petitioner, a state prisoner proceeding without counsel or “pro se”, has filed an
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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to
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proceed in forma pauperis.
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Petitioner challenges the 2011 decision of the California Board of Parole Hearings
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to deny him parole. Consequently, the instant petition is one for review of the execution of a
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sentence imposed by a California state court. See Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th
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Cir. 2005) (denial of parole is “a decision ‘regarding the execution’ of” a prison sentence.) As a
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general rule, “[t]he proper forum to challenge the execution of a sentence is the district where the
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prisoner is confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is
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incarcerated in the California Institution for Men, Chino, California, County of San Bernardino,
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which lies in the Central District of California. See 28 U.S.C. § 84(a).
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Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the
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district of confinement have concurrent jurisdiction over applications for habeas corpus filed by
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state prisoners. Because petitioner was not convicted in this district, and is not presently
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confined here, this court does not have jurisdiction to entertain the application.
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
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United States District Court for the Central District of California. 28 U.S.C. § 2241(d); 28
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U.S.C. § 1406(a).
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DATED: November 16, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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upto3004.108
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