(HC) Trevino v. Cisneros ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT TREVINO, Case No. 21-cv-05534-EMC 8 Plaintiff, ORDER OF DISMISSAL IN PART; 9 v. ORDER OF TRANSFER 10 THERESA CISNEROS, 11 Defendant. 12 13 14 15 Robert Trevino, an inmate currently housed at the Substance Abuse Treatment Facility in 16 Corcoran, California (“SATF”), filed this pro se action for a writ of habeas corpus pursuant to 28 17 U.S.C. § 2254. See Docket No. 1 (“Petition”). 18 The Petition challenges a 2012 disciplinary decision imposed at a prison within this 19 District. See Pet. at 3. However, Mr. Trevino states on the face of the Petition that he did not lose 20 any good-time credits as a result of the 2012 disciplinary decision. See id. at 2-3, 5. As this Court 21 has already explained, because “the only discipline imposed [as punishment for the 2012 22 disciplinary decision] was a SHU term,” “Mr. Trevino’s only potential recourse in federal court is 23 to file a section 1983 complaint.” Docket No. 34 at 2, 3, Trevino v. Beard, Case No. 3:15-cv- 24 04837-EMC (N.D. Cal. Nov. 23, 2016) (“Beard”) (dismissing habeas petition); see also Pet. at 1 25 (conceding that the instant Petition challenges the same disciplinary decision as Beard, and that 26 Beard was dismissed because petitioner did not raise a cognizable claim).1 Because the challenge 27 1 to the 2012 disciplinary decision is not a cognizable habeas claim, Mr. Trevino’s claim 2 challenging the 2012 disciplinary decision is DISMISSED. 3 Mr. Trevino also appears to challenge the denial of parole. See Pet. at 8 (referring to a 4 Parole Board decision of Feb. 24, 2017). A petition which challenges a decision denying parole 5 is a challenge to the execution of a sentence. See United States v. Nicholas, 15 F.3d 1093 (9th Cir. 6 1994) (unpublished) (“[Prisoner] is clearly challenging the manner of execution of his sentence 7 because he argues that the Parole Commission erred in denying him parole.”); United States v. 8 Brewer, 37 F.3d 1506 (9th Cir. 1994) (unpublished) (“[Prisoner] clearly raises an issue concerning 9 the manner of execution of his sentence by challenging the Parole Commission's decision.”). 10 Thus, Mr. Trevino’s sole remaining claim goes to challenge the execution of his sentence and may 11 be brought as a habeas petition. 12 Venue is proper in a habeas action in either the district of confinement or the district of 13 conviction. See 28 U.S.C. § 2241(d). However, the district of confinement is the preferable 14 forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 15 F.2d 244, 249 (9th Cir. 1989) (where a prisoner challenges the execution of his sentence, the 16 proper respondent is the custodian of the institution where the prisoner is currently held); Thomas 17 v. United States, 50 F.3d 16 (9th Cir. 1995) (unpublished) (“[Prisoner’s] parole claim, however, 18 challenged the manner of execution of his sentence and could only be considered by the district 19 court with jurisdiction over [prisoner’s] custodian.”). Mr. Trevino is incarcerated at SATF, an 20 institution in Kings County, which lies within the venue of the Eastern District of California. 21 Because Mr. Trevino is confined in the Eastern District of California and challenging the 22 execution of his sentence, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the 23 interests of justice, this action is TRANSFERRED to the United States District Court for the 24 /// 25 /// 26 District); see also Docket No. 112, Trevino v. Dotson, Case No. 15-5373-PJH (N.D. Cal. Oct. 6, 27 2017) (granting defendants’ motion for summary judgment without prejudice, because plaintiff 1 Eastern District of California. This Court takes no position on whether Mr. Trevino’s parole claim 2 is cognizable or timely. 3 The Clerk shall transfer this matter forthwith. 4 5 IT IS SO ORDERED. 6 7 Dated: February 1, 2022 8 9 ______________________________________ EDWARD M. CHEN 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27