(HC) Garrido v. Warden ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE GARRIDO, No. 2:22-cv-1374 KJN P 12 Petitioner, 13 v. ORDER 14 WARDEN, 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. 19 Petitioner alleges that the Bureau of Prisons failed to award him credits under the First 20 Step Act. Petitioner is incarcerated in the Federal Correctional Institution-Mendota, which is 21 located in the Fresno Division of this court. Petitioner was convicted in the United States District 22 Court, Southern District of Florida. 23 In cases in which the petition is directed to the manner in which a sentence is executed, 24 i.e., if it involves parole or time credit claims, the district of confinement is the preferable forum. 25 See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (proper forum for federal inmate to 26 challenge execution of sentence is district where petitioner confined). Petitioner challenges the 27 execution of his sentence. Therefore, venue is proper in the Fresno Division of this court. 28 //// 1 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 2 || division of a court may, on the court’s own motion, be transferred to the proper division of the 3 | court. Therefore, this action will be transferred to the Fresno Division of the court. 4 Good cause appearing, IT IS HEREBY ORDERED that: 5 1. This action is transferred to the United States District Court for the Eastern 6 District of California sitting in Fresno; and 7 2. All future filings shall reference the new Fresno case number assigned and shall 8 | be filed at: United States District Court 9 Eastern District of California 2500 Tulare Street 10 Fresno, CA 93721 11 12 || Dated: August 10, 2022 1 Se 3 AO 14 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 15 16 Garr1374.108 17 18 19 20 21 22 23 24 25 26 27 28