(HC) Sosa v. Corcoran State Prison

Opinion

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Case No. 21-04329 EJD (PR) 11 Petitioner, ORDER OF TRANSER 12 v.

15 Respondent.

17 18 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 19 corpus under 28 U.S.C. § 2254, challenging a disciplinary proceeding that occurred while 20 he was housed at California State Prison (CSP) – Sacramento, and resulted the loss of 21 credits. Dkt. No. 5-1 at 35, 40. 22 Venue for a habeas action is proper in either the district of confinement or the 23 district of conviction, 28 U.S.C. § 2241(d). Federal courts in California traditionally have 24 chosen to hear petitions challenging a conviction or sentence in the district of conviction or 25 sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 26 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if the 27 petition challenges the manner in which a sentence is being executed, e.g., if it involves 1 || Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 2 Here, the petition involves time credit claims and Petitioner is currently confined at 3 || CSP-Corcoran in Kings County. Dkt. 5 at 1. Kings County lies within the venue of the 4 || Eastern District of California. See 28 U.S.C. § 84(b). Therefore, venue properly lies in 5 || that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is 6 || TRANSFERRED to the United States District Court for the Eastern District of California. 7 || See 28 U.S.C. § 1406(a). 8 The Clerk shall terminate all pending motions and transfer the entire file to the 9 || Eastern District of California. 11 || Dated: — July 15, 2021 EDWARD J. DAVILA United States District Judge 13 15 16

Oo Z 18 19 20 21 22 23 24 25 Order of Transfer PRO-SE\EJD\HC.21\04329Sosa_transfer(ED) 26 27