Opinion

Jones v. Montgomery

Court
District Court, S.D. California
Filed
Jun 14, 2023
Cited by
0 cases
Authority
More cited than 19.2%

The opinion

1

2

3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

5

6 WILLIAM M. JONES, Case No. 23-cv-02143-JD

4 Petitioner,

ORDER OF TRANSFER

8 v.

9 WARREN L. MONTGOMERY,

10 Respondent.

11

12 This is a habeas case filed pro se by a state prisoner. Petitioner challenges the denial by

5 13 || the Board of Parole Hearings of his request to advance his next parole hearing. Venue for a

14 || habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C.

3 15 § 2241(d). If the petition is directed to the manner in which a sentence is being executed, e.g., if it

a 16 involves parole or time credits claims, the district of confinement is the preferable forum. See

3 17 Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner was

S 18 || convicted in Alameda County which is in this district. But the Board of Parole Hearings denial

19 || occurred at Calipatria State Prison, where petitioner is still incarcerated. That facility is in

20 || Imperial County, in the Southern District of California. See 28 U.S.C. § 84(d).

21 Consequently, the case is transferred to the United States District Court for the Southern

22 District of California. See 28 U.S.C. §§ 1404(a), 2241(d); Habeas L.R. 2254-3.

23 IT IS SO ORDERED.

24 Dated: June 14, 2023

25

26

JAMES TO

27 United St#tes District Judge

28

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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