1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 DANNY M. COSTON, 11 Case No. 21-00911 BLF (PR) Petitioner, 12 ORDER OF TRANSER v. 13

14 JOSIE GASTELO, Warden, 15 Respondent.

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17 18 Petitioner, a state prisoner at the California State Prison (“CSP”) in San Luis 19 Obispo, has filed a petition for a writ of habeas corpus under

, 20 challenging the latest denial of parole.1 Federal courts in California traditionally have 21 chosen to hear petitions challenging a conviction or sentence in the district of conviction or 22 sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle,

, 768 23 (N.D. Cal. 1993); Laue v. Nelson,

(N.D. Cal. 1968). But if the 24 petition challenges the manner in which a sentence is being executed, e.g., if it involves 25 parole or time credits claims, the district of confinement is the preferable forum. See 26 Habeas L.R. 2254-3(b)(2); Dunne v. Henman,

(9th Cir. 1989). Here, 27 1 || Petitioner is currently confined at CSP in San Luis Obispo, which lies within the venue of 2 || the Western Division of the Central District of California. See

(c). 3 || Therefore, venue properly lies in that district and not in this one. See

(b). 4 || Accordingly, this case is TRANSFERRED to the United States District Court for the 5 || Western Division of the Central District of California. See

(a). 6 The Clerk shall terminate all pending motions and transfer the entire file to the 7 || Central District of California. 8 IT ISSO ORDERED. 9 || Dated: _ June 22, 2021 heh Lows hermey) BETH LABSON FREEMAN 10 United States District Judge 11 g

2B

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Oo Z 18 19 20 21 22 23 24 95 Order of Transfer PRO-SE\BLF\HC.21\00911Coston_transfer 26 27