(HC) Barth v. Lazarraga

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA SHAWN DAMON BARTH, 11 Case No. 19-05223 BLF (PR) Petitioner, 12 ORDER OF TRANSER v. 14 JOE A. LAZARRAGA, Warden, 15 Respondent.

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 was housed at the Mule Creek Prison in Ione. (Docket No. 1-3 at 8-21.) Venue for a 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 challenging a conviction or sentence in the district of conviction or sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if the petition challenges the manner in which a sentence is being executed, e.g., if it involves parole or time credits 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 credits, (Docket No. 1-3 at 19), which makes the district of confinement the preferable || 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 || District of California. See 28 U.S.C. § 84(b). Therefore, the preferred venue for this |} 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 || Eastern District of California.

11 IT IS SO ORDERED.

12 || Dated: December 16, 2019 Lloua harm) 1 BETH LABSON FREEMAN 3 United States District Judge

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Z 18 25 PRO. SEBLIHC. 19\05223Barth_transfer(ED)