Frelimo v. BHP Members

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OBA LEE FRELIMO, Case No. 21-cv-00282-YGR (PR)

Petitioner, ORDER OF TRANSFER v.

JEFF LYNCH, Acting Warden,1

Respondent.

Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus challenging the most recent decision at his Board of Parole Hearing “Youth Offender hearing on Dec. 15, 2020” where he was “illegally denied release from prison.” Dkt. 1 at 5-6. He has not filed an in forma pauperis application.

A petition for a writ of habeas corpus filed by a state prisoner in a State that contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed, however, may transfer the petition to the other district in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if a habeas petition is directed to the manner in which a sentence is being executed, e.g., if it involves parole or time credit claims, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 25 244, 249 (9th Cir. 1989).

Petitioner is incarcerated at California State Prison - Sacramento in Represa, California, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84. Because || Petitioner challenges the execution of his sentence, the Court hereby ORDERS that pursuant to 28 3 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California. 5 If Petitioner wishes to further pursue this action, he must complete the in forma pauperis application required by the United States District Court for the Eastern District of California and mail it to that district.

8 IT IS SO ORDERED.

9 Dated: January 29, 2021

GE YVONNE GONZALEZ ROGERS 12 United States District Judge

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