Opinion

Hicks v. Board of Parole Hearings

Court
District Court, N.D. California
Filed
Oct 21, 2022
Cited by
0 cases
Authority
More cited than 18.9%

stating that a 1 challenge to a parole decision “challenges the manner in which his sentence was 2 executed”

How later courts described this case

  • stating that a 1 challenge to a parole decision “challenges the manner in which his sentence was 2 executed”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA

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11 MICHAEL J. HICKS, Case No. 22-06060 NC (PR)

12 Petitioner,

ORDER OF TRANSFER

13 v.

14 BOARD OF PAROLE HEARINGS,

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Respondent.

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17 Petitioner, a state prisoner at California State Prison, Sacramento, has filed a

18 petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1 (“Petition”).

19 Petitioner challenges his parole determination. See id. at 9 (arguing that Petitioner should

20 have been given “elder parole consideration” in his August 2021 parole hearing).

21 Venue for a habeas action is proper in either the district of confinement or the

22 district of conviction. See 28 U.S.C. § 2241(d). But if the petition challenges the manner

23 in which a sentence is being executed, as Petitioner’s does, the district of confinement is

24 the preferable forum. See Habeas L.R. 2254-3(b)(2) (stating that a petition should be

25 heard in the district of confinement if it challenges the manner in which the sentence is

26 carried out); see also Tucker v. Carlson, 925 F.2d 330, 331 (9th Cir. 1991) (stating that a

1 challenge to a parole decision “challenges the manner in which his sentence was

2 executed”).

3 Here, Petitioner is housed, and the challenged parole decision was made, in

4 Sacramento County. See Pet. at 1. Sacramento County lies within the Eastern District of

5 California, and so venue is proper in the Eastern District of California.

6 Accordingly, this case is TRANSFERRED to the United States District Court for

7 the Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all

8 pending motions and transfer the entire file to the Eastern District of California.

9 IT IS SO ORDERED.

10 DATED: October 21, 2022

NATHANAEL M. COUSINS

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United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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