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Wallace v. Board of Prison Hearings

United States District Court, Ninth Circuit

January 15, 2014

NATHANIEL WALLACE, Petitioner,
v.
BOARD OF PRISON HEARINGS, Respondent.

ORDER

KENDALL J. NEWMAN, Magistrate Judge.

Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges that on September 25, 1990, the Board of Parole Hearings ("BPH") secretly extended his term by changing it from a determinate to an indeterminate sentence. Petitioner alleges that he was denied notice of this decision as well as of his right to attend the hearing where the decision to extend his term was made. Petitioner alleges that this decision was made by the BPH in Sacramento.

Petitioner is incarcerated at Kern Valley State Prison ("KVSP"). KVSP is located within the Fresno Division of the Eastern District of this court.

Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the preferable forum to review the execution of a sentence, such as a parole denial claim. See Dunne v. Henman , 875 F.2d 244, 249 (9th Cir. 1989). Petitioner raises a claim challenging the execution of his sentence. Because petitioner is confined within the Fresno Division of the Eastern District of this court, pursuant to 28 U.S.C. § 1404(a) and in the interests of justice, this action is TRANSFERRED to the Fresno Division of the court.

Good cause appearing, IT IS HEREBY ORDERED that:

1. This action is transferred to the United States District Court for the Eastern District of California sitting in Fresno; and

2. All future filings shall reference the new Fresno case number assigned and shall be filed at:


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