(HC) Ogle v. Pollard ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CORKEY DENNIS OGLE, No. 2:20-cv-1108 CKD P 12 Petitioner, 13 v. ORDER 14 UNKNOWN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. This 19 court will not rule on petitioner’s request to proceed in forma pauperis. 20 Petitioner was convicted in Butte County (ECF No. 4 at 1) and is incarcerated at R.J. 21 Donovan Correctional Facility in San Diego County, which lies in the Southern District of 22 California, 28 U.S.C. § 84(d). Pursuant to 28 U.S.C. § 2241(d), courts in both the district of 23 conviction and the district of confinement have concurrent jurisdiction over applications for 24 habeas corpus filed by state prisoners. However, as a general rule, “[t]he proper forum to 25 challenge the execution of a sentence is the district where the prisoner is confined.” Dunne v. 26 Henman, 875 F.2d 244, 249 (9th Cir. 1989). Since petitioner challenges the parole board’s denial 27 of parole, he is challenging the execution of his sentence. 28 In the interest of justice, this court may transfer this action “to any other district or 1 | division where it might have been brought.” 28 U.S.C. § 1404(a). For the reasons set forth 2 | above, the most appropriate forum for the instant action is the district where petitioner is 3 | confined. Therefore, in the interest of justice, this action will be transferred to the United States 4 | District Court for the Southern District of California. 5 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 6 1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and 7 2. This matter is transferred to the United States District Court for the Southern District of 8 | California. 28 U.S.C. § 2241(d); 28 U.S.C. § 1404(a). Dated: June 18, 2020 Ci ide A. fe 10 CAROLYN K.DELANEY. 11 UNITED STATES MAGISTRATE JUDGE 12 13 13:ogle1108.108d 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28