(HC) Bonner v. Covello ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 THADDEUS KEITH BONNER, Case No. 20-cv-06205 NC (PR) 12 Petitioner, ORDER OF TRANSFER 13 v. 14 P. COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner incarcerated at Mule Creek State Prison and proceeding 18 pro se, seeks federal habeas review pursuant to 28 U.S.C. § 2254. See Dkt. No. 1 at 1. In 19 the underlying federal habeas petition, Petitioner challenges prison conditions which puts 20 him at a substantial risk of serious harm and death due to COVID-19. See id at 6. 21 Venue is proper in a habeas action in either the district of conviction or the district 22 of confinement. 28 U.S.C. § 2241(d). But the district of confinement is the preferable 23 forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. 24 Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because Mule Creek State Prison is located 25 in Ione, California, which lies within the Eastern District of California, the Court orders 26 that, pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest 27 of justice, this petition be transferred to the United States District Court for the Eastern 28 1 District of California. 2 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. 6 IT IS SO ORDERED. 7 8 DATED: October 20, 2020 NATHANAEL M. COUSINS 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28