(HC) Bonner v. Covello

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THADDEUS KEITH BONNER, Case No. 20-cv-06205 NC (PR)

Petitioner, ORDER OF TRANSFER v. Respondent.

Petitioner, a state prisoner incarcerated at Mule Creek State Prison and proceeding pro se, seeks federal habeas review pursuant to 28 U.S.C. § 2254. See Dkt. No. 1 at 1. In the underlying federal habeas petition, Petitioner challenges prison conditions which puts him at a substantial risk of serious harm and death due to COVID-19. See id at 6. Venue is proper in a habeas action in either the district of conviction or the district of confinement. 28 U.S.C. § 2241(d). But the district of confinement is the preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because Mule Creek State Prison is located in Ione, California, which lies within the Eastern District of California, the Court orders that, pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, this petition be transferred to the United States District Court for the Eastern District of California. Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California, the district in which Petitioner is currently confined. See 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b)(2). The Clerk shall terminate any pending motions and transfer the entire file to the Eastern District of California. IT IS SO ORDERED. DATED: October 20, 2020 NATHANAEL M. COUSINS UNITED STATES MAGISTRATE JUDGE