Opinion

Morales

Court
District Court, E.D. California
Filed
Oct 31, 2025
Cited by
0 cases
Authority
More cited than 37.6%

denial of parole is “a decision ‘regarding the execution’ of” a prison sentence

How later courts described this case

  • denial of parole is “a decision ‘regarding the execution’ of” a prison sentence

Written by the judges who cited it.

The opinion

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11 ERIC WILTON BURTON, No. 2:25-cv-3068 CSK P

12 Petitioner,

13 v. ORDER

14 RAUL MORALES,

15 Respondent.

16

17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

18 corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the March 26, 2025 decision of the

19 California Board of Parole Hearings to deny him parole. Consequently, the instant petition is one

20 for review of the execution of a sentence. See Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir.

21 2005) (denial of parole is “a decision ‘regarding the execution’ of” a prison sentence). As a

22 general rule, “[t]he proper forum to challenge the execution of a sentence is the district where the

23 prisoner is confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is

24 incarcerated at the California Substance Abuse Treatment Facility, County of Kings, which lies in

25 the Fresno Division of the United States District Court for the Eastern District of California.

26 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

27 division of a court may, on the court’s own motion, be transferred to the proper division of the

28 court. Therefore, this action will be transferred to the Fresno Division of the court.

] Good cause appearing, IT IS HEREBY ORDERED that:

2 1. This action is transferred to the United States District Court for the Eastern District of

3 | California sitting in Fresno; and

4 2. All future filings shall reference the new Fresno case number assigned and shall be

5 || filed at:

United States District Court

6 Eastern District of California

2500 Tulare Street

7 Fresno, CA 93721

8

9

10 || Dated: October 31, 2025

eq - S$ .

CHI SOO KIM

UNITED STATES MAGISTRATE JUDGE

13

14 | Burt3068.108/2

15

16

17

18

19

20

21

22

23

24

25

26

27

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.