(HC) Michael Cloyd v. Burton

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MICHAEL CLOYD, Case No. 19-cv-03119-SI 7 Petitioner, 8 y. ORDER OF TRANSFER Re: Dkt. No. | 9 BURTON, 10 Respondent. 11 Petitioner, who was convicted in Alameda County Superior Court and now is incarcerated 12 || at the Deuel Vocational Institution in Tracy, has filed a petition for writ of habeas corpus under 28 13 || U.S.C. § 2254 to challenge the Board of Parole Hearings’ refusal to set a term of years for him on 14 || his 15-to-life plus three years prison sentence. The petition challenges the execution of his sentence. 3 15 || The prison at which petitioner is incarcerated is in San Joaquin County, within the venue of the 16 || Eastern District of California. Venue is proper in a habeas action in either the district of confinement 3 17 or the district of conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the 18 || preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. 19 Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because petitioner is confined in the Eastern District 20 || of California and challenging the execution of his sentence, pursuant to 28 U.S.C. § 1404(a) and 21 Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United 22 || States District Court for the Eastern District of California. The clerk shall transfer this matter. 23 IT IS SO ORDERED. 24 || Dated: September 23, 2019 Sun Mle 26 SUSAN ILLSTON United States District Judge 28