Daniel M. Coston v. Josie Gastelo

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DANNY M. COSTON,

Case No. 21-00911 BLF (PR)

Petitioner,

ORDER OF TRANSER v.

JOSIE GASTELO, Warden,

Respondent.

Petitioner, a state prisoner at the California State Prison (“CSP”) in San Luis Obispo, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the latest denial of parole.1 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); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Here, || Petitioner is currently confined at CSP in San Luis Obispo, which lies within the venue of || the Western Division of the Central District of California. See 28 U.S.C. § 84(c). 3 || Therefore, venue properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). 4 || Accordingly, this case is TRANSFERRED to the United States District Court for the || Western Division of the Central District of California. See 28 U.S.C. § 1406(a). 6 The Clerk shall terminate all pending motions and transfer the entire file to the || Central District of California.

8 IT ISSO ORDERED.

9 || Dated: _ June 22, 2021 heh Lows hermey) BETH LABSON FREEMAN United States District Judge g

2B

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Z 18

95 Order of Transfer

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