Barth v. Lazarraga ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SHAWN DAMON BARTH, 11 Case No. 19-05223 BLF (PR) Petitioner, 12 ORDER OF TRANSER v. 13 14 JOE A. LAZARRAGA, Warden, 15 Respondent. 16 17 18 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus under 28 19 U.S.C. § 2254, challenging a disciplinary action that resulted in the loss of credits while he 20 was housed at the Mule Creek Prison in Ione. (Docket No. 1-3 at 8-21.) Venue for a 21 habeas action is proper in either the district of confinement or the district of conviction, 28 22 U.S.C. § 2241(d). Federal courts in California traditionally have chosen to hear petitions 23 challenging a conviction or sentence in the district of conviction or sentencing. See 24 Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); 25 Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if the petition challenges the 26 manner in which a sentence is being executed, e.g., if it involves parole or time credits 27 claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); 1 Here, Petitioner 1s challenging a disciplinary action that resulted in the loss of 2 credits, (Docket No. 1-3 at 19), which makes the district of confinement the preferable 3 || forum. /d. Petitioner is currently confined at the California Medical Facility in Vacaville. 4 || (Docket No. 8 at 1.) Vacaville is located in Solano County, which lies within the Eastern 5 || District of California. See 28 U.S.C. § 84(b). Therefore, the preferred venue for this 6 |} action is in that district and not in this one. See id.; Habeas L.R. 2254-3(a)(1). 7 || Accordingly, this case is TRANSFERRED to the United States District Court for the g || Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b)(1). 9 The Clerk shall terminate all pending motions and transfer the entire file to the 10 || Eastern District of California. 11 IT IS SO ORDERED. 12 || Dated: December 16, 2019 flour harman) 1 BETH LABSON FREEMAN 3 United States District Judge 15 16 & Z 18 19 20 21 22 23 24 25 PRO. SEBLIHC. 19\05223Barth_transfer(ED) 26 27