The opinion
1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
7 OBA LEE FRELIMO, Case No. 21-cv-00282-YGR (PR)
8 Petitioner, ORDER OF TRANSFER
v.
9
10
JEFF LYNCH, Acting Warden,1
Respondent.
11
12 Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus
13 challenging the most recent decision at his Board of Parole Hearing “Youth Offender hearing on
14 Dec. 15, 2020” where he was “illegally denied release from prison.” Dkt. 1 at 5-6. He has not
15 filed an in forma pauperis application.
16 A petition for a writ of habeas corpus filed by a state prisoner in a State that contains two
17 or more federal judicial districts may be filed in either the district of confinement or the district of
18 conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed, however, may
19 transfer the petition to the other district in the furtherance of justice. See id. Federal courts in
20 California traditionally have chosen to hear petitions challenging a conviction or sentence in the
21 district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v.
22 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if a habeas petition is directed to the manner
23 in which a sentence is being executed, e.g., if it involves parole or time credit claims, the district
24 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).
26 Petitioner is incarcerated at California State Prison - Sacramento in Represa, California,
27
1 which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84. Because
2 || 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
4 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
6 application required by the United States District Court for the Eastern District of California and
7 mail it to that district.
8 IT IS SO ORDERED.
9 Dated: January 29, 2021
10
11
GE YVONNE GONZALEZ ROGERS
12 United States District Judge
©
15
16
&
= 17
Z 18
19
20
21
22
23
24
25
26
27
28