(HC) Griffin v. Price ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 DEXTER LAWRENCE GRIFFIN, Case No. 21-07646 EJD (PR) 12 Petitioner, ORDER OF TRANSER 13 v. 14 BRANDON PRICE, 15 Respondent. 16 17 18 Petitioner, a state patient at the Coalinga State Hospital, has filed a pro se petition 19 for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the retroactive application 20 of the “SVPA” (Sexually Violent Predator Act). Dkt. No. 1. 21 Venue for a habeas action is proper in either the district of confinement or the 22 district of conviction, 28 U.S.C. § 2241(d). Federal courts in California traditionally have 23 chosen to hear petitions challenging a conviction or sentence in the district of conviction or 24 sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 25 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if the 26 petition challenges the manner in which a sentence is being executed, e.g., if it involves 27 parole or time credits claims, the district of confinement is the preferable forum. See 1 Petitioner was convicted in Sacramento County which lies within the Eastern 2 || District of California. See 28 U.S.C. § 84(b). Furthermore, Petitioner is currently 3 confined at Coalinga State Hospital, Dkt. No. 1 at 1, in Fresno County which is also within 4 || the Eastern District. Id. Therefore, the venue for this action is in that district and not in 5 || this one. See id.; Habeas L.R. 2254-3(a)(1). Accordingly, this case is TRANSFERRED to 6 || the United States District Court for the Eastern District of California. See 28 U.S.C. § 7 1406(a); Habeas L.R. 2254-3(b)(1). 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. D EDWARD J. DAVILA United States District Judge 14 © 15 16 & = i 6 Z 18 19 20 21 22 23 24 25 26 27 Order of Transfer PRO-SE\EJD\HC.21\07646Griffin_transfer(ED)