(HC) Griffin v. People of State of California

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA DEXTER L. GRIFFIN, 11 Case No. 20-07539 EJD (PR) Petitioner, 12 ORDER OF TRANSER v. 14 PEOPLE OF THE STATE OF CA, 15 Respondent.

18 Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. Dkt. No. 5. Petitioner previously filed a habeas action which was transferred to the Eastern District of California as the proper forum. See Griffin v. People of the State of CA, Case No. 19-7698 EJD (PR) (Dkt. No. 14).1 In this matter, Petitioner is currently confined at Coalinga State Hospital, and appears to be raising new claims challenging his underlying conviction. Dkt. No. 5 at 1, 5-6.

24 Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d). Federal courts in California traditionally have At the time he filed the earlier habeas action, Petitioner was confined at Coalinga State || 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); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).

7 As his previous petition indicated,” Petitioner was convicted in Sacramento County || which lies within the Eastern District of California. See 28 U.S.C. § 84(b). Petitioner is g || currently confined at Coalinga State Hospital in Fresno County which is also within the || Eastern District. Id. Therefore, the venue for this action is in that district and not in this || one. See id.; Habeas L.R. 2254-3(a)(1). Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 13 1406(a); Habeas L.R. 2254-3(b)(1).

S 14 The Clerk shall terminate all pending motions and transfer the entire file to the 15 || Eastern District of California.

4 16 IT IS SO ORDERED.

5 17 || Dated: 3/5/2021 5 EDWARD J. DAVILA United States District Judge 25 PRO-SE\EID HHC.20007539Griffin.transfex(ED)