Free Order Transferring Case - District Court of California - California

Case 3:08-cv-03652-TEH

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Filed 08/22/2008

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JOHN GZIKOWSKI, 10 Petitioner, 11 vs. 12 DEBRA DEXTER, Warden, 13 Respondent. 14 15 On July 30, 2008, Petitioner, a state prisoner incarcerated at Ironwood State 16 Prison in Blythe, California, filed a pro se petition for a writ of habeas corpus under 28 17 U.S.C. § 2254 challenging the California Board of Prison Terms' ("BPT") decision to 18 deny him parole. Petitioner has paid the filing fee. Ironwood State Prison is located 19 within Riverside County, which lies within the Central District of California. See id. § 20 84(b). 21 Venue is proper in a habeas action in either the district of conviction or the 22 district of confinement, id. § 2241(d). However, the district of confinement is the 23 preferable forum to review the execution of a sentence, including parole. See Habeas 24 L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989); cf. Laue v. 25 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968) (district of conviction preferable forum 26 to review conviction). Because the County of Riverside lies in the Central District of 27 California, the Court orders that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 28 ) ) ) ) ) ) ) ) ) ) No. C 08-3652 TEH (PR) ORDER OF TRANSFER

Case 3:08-cv-03652-TEH

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Filed 08/22/2008

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2254-3(b), and in the interest of justice, this petition be transferred to the United States District Court for the Central District of California forthwith. SO ORDERED.

DATED:

08/21/08 THELTON E. HENDERSON United States District Judge

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Case 3:08-cv-03652-TEH

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Filed 08/22/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JOHN GZIKOWSKI, Plaintiff, v. DEBRA DEXTER et al, Defendant. /

Case Number: CV08-03652 TEH 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 August 22, 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. John Gzikowski #: D-00666 Ironwood State Prison P.O. Box 2199 Blythe, CA 92226-2199

Dated: August 22, 2008 Richard W. Wieking, Clerk By: R.B. Espinosa, Deputy Clerk