United States District Court, N.D. California
February 6, 2014
SHARON FENNIX, Petitioner,
D.K. JOHNSON, Respondent.
ORDER OF TRANSFER (Docket No. 2)
JEFFREY S. WHITE, District Judge.
Petitioner is a state prisoner currently incarcerated at the Central California Women's Facility in Chowchilla, California which lies within the venue of the United States District Court for the Eastern District of California. She has filed a habeas petition challenging a prison disciplinary action, which she contends prevent her from being found eligible for parole.
A petition for a writ of habeas corpus made by a person in custody under the judgment and sentence of a state court of a state which contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition; however, if the petition is directed to the manner in which a sentence is being executed, e.g., if it involves parole or time credits claims, the district of confinement is the preferable forums. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). The district court for the district where the petition is filed may transfer the petition to the other district in the furtherance of justice. See 28 U.S.C. § 2241(d).
Petitioner's claims are not directed to her conviction but rather to the execution of her sentence in that they challenge disciplinary action that allegedly is preventing her from being found eligible for parole. Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States District Court for the Eastern District of California. In light of the transfer, this Court will not resolve Petitioner's pending motion for leave to proceed in forma pauperis (dkt. 2).
The Clerk of the Court shall transfer this matter forthwith.
IT IS SO ORDERED.