(HC) Godfrey v. Warden PBSP ( 2019 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JOSHUA MICHAEL GODFREY, Case No. 19-cv-04582 NC (PR) 10 Petitioner, ORDER OF TRANSFER 11 v. 12 WARDEN PBSP, 13 Respondent. 14 Petitioner, a state prisoner incarcerated at Pleasant Valley State Prison and 15 proceeding pro se, seeks federal habeas review of the execution of his state sentence 16 pursuant to 28 U.S.C. § 2254. See Dkt. No. 1 at 1. In the underlying federal habeas 17 petition, Petitioner challenges prison disciplinary proceedings which he contends deprived 18 him of six months of good-time credits. See id. 19 Venue is proper in a habeas action in either the district of conviction or the district 20 of confinement. 28 U.S.C. § 2241(d). But the district of confinement is the preferable 21 forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. 22 Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because Pleasant Valley State Prison is 23 located in Coalinga, California, which lies within the Eastern District of California, the 24 Court orders that, pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and 25 in the interest of justice, this petition be transferred to the United States District Court for 26 the Eastern District of California. 27 28 1 5 Accordingly, this case is TRANSFERRED to the United States District Court for 3 the Eastern District of California, the district in which Petitioner is currently confined. See 4 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b)(2). The Clerk shall terminate any pending 5 motions and transfer the entire file to the Eastern District of California. ‘ IT ISSO ORDERED. , || DATED: __ August 30, 2019 NATHANAEL M. COUSINS □ 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 a 12 13 15 16 & 17 5 Oo Z 18 19 20 21 22 23 24 25 26 27 28 Case No. 19-cv-04582 NC (PR) ORDER OF TRANSFER