Free Order Transferring Case - District Court of California - California

Case 3:08-cv-03983-WHA

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Filed 09/02/2008

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 8 9 IRVING SHEPPARD, 10 Petitioner, ORDER OF TRANSFER No. C 08-3983 WHA (PR) FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11 vs.
For the Northern District of California

12 D. K. SISTO, 13 Respondent. 14 15 This is a habeas case brought pro se by a state prisoner to challenge denial of parole. 16 Petitioner was convicted in Santa Clara County, which is in this district, and he is incarcerated 17 at CSP-Solano, which is in the Eastern District. 18 Because petitioner's claim is about the denial of parole, it is a challenge to the execution 19 of his sentence, rather than the validity of it. Venue for habeas cases involving state prisoners is 20 proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); 21 however, the district of confinement is the preferable forum to review the execution of a 22 sentence. Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). This 23 petition therefore is TRANSFERRED to the United States District Court for the Eastern 24 District of California. Because of the transfer petitioner may disregard the clerk's notice 25 regarding his in forma pauperis application. 26 IT IS SO ORDERED. 27 Dated: September 28 2 , 2008. /

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

G:\PRO-SE\WHA\HC.08\SHEPPARD3983.TRN.wpd

Case 3:08-cv-03983-WHA

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Filed 09/02/2008

Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

IRVING SHEPPARD, Plaintiff, v. D K SISTO, Defendant. /

Case Number: CV08-03983 WHA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 2, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Irving Sheppard C-34952/ 23-A-6U Solano State Prison PO Box 4000 Vacaville, CA 95696-4000 Dated: September 2, 2008 Richard W. Wieking, Clerk By: D. Toland, Deputy Clerk