Chase v. U.S. Bureau of Prisons

• Court: District Court, N.D. California
• Decided: October 15, 2021
• Docket: 3:21-cv-07566
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BENJAMIN CHASE, Case No. 21-cv-07566-JSC 8 Plaintiff, ORDER OF TRANSFER 9 v. 10 U.S. BUREAU OF PRISONS, ll Defendant. 12 This is a habeas case filed pro se by a federal prisoner under 28 U.S.C. § 2241. The 13 || petition is directed to the execution of Petitioner's sentence in that he contends that prison officials 14 || have unlawfully failed to calculate his presentence time credits. See United States v. Giddings, 3 15 || 740 F.2d 770, 772 (9th Cir. 1984) (federal prisoner’s presentence time credit claim relates to the a 16 || execution of his sentence and is properly brought 28 U.S.C. § 2241). 3 17 Petitioner is incarcerated at the United States Penitentiary in Beaumont, Texas, which lies S 18 || within the venue of the United States District Court for the Eastern District of Texas. Venue is 19 || proper in a habeas action in either the district of confinement or the district of conviction, 28 20 U.S.C. § 2241(d); however, the district of confinement is the preferable forum to review the 21 execution of a sentence. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). This petition 22 || therefore is TRANSFERRED to the United States District Court for the Eastern District of Texas. 23 IT IS SO ORDERED. 24 Dated: October 15, 2021 25 J 5 | □ 26 ne ACQUELINE SCOTT CORLE 27 United States Magistrate Judge 28