(HC) Sosa v. Corcoran State Prison

E.D. California

(HC) Sosa v. Corcoran State Prison

DecidedJuly 15, 2021

Docket1:21-cv-01094

StatusUnknown

This text of (HC) Sosa v. Corcoran State Prison ((HC) Sosa v. Corcoran State Prison) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(HC) Sosa v. Corcoran State Prison, (E.D. Cal. 2021).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA

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

14 CORCORAN STATE PRISON,

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. 10 IT IS SO ORDERED. 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

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA

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

14 CORCORAN STATE PRISON,

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. 10 IT IS SO ORDERED. 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

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