Opinion
No. C 03-2092 MMC (PR)
August 5. 2003
ORDER OF TRANSFER
The instant action is a pro se petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 by Gordon D. Meador, a prisoner currently incarcerated in California State Prison — Lancaster ("Lancaster"). Petitioner challenges the constitutionality of disciplinary proceedings conducted at Lancaster and which have resulted in his loss of time credits.
A petition for a writ of habeas corpus filed by a person in custody under the judgment and sentence of a state court of a state that contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the district court for the district in which the petition is filed may transfer the petition in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Where, as here, however, the petition is directed to the manner in which a sentence is being executed, e.g., where the petition involves claims concerning parole or time credits, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated in Lancaster, California. Lancaster is located in Los Angeles County, which, in turn, is within the Central District of California. See 28 U.S.C. § 84(c).
Because petitioner is incarcerated in Los Angeles County, and the instant petition is directed to the manner in which petitioner's sentence is being executed, this action is hereby TRANSFERRED to the United States District Court for the Central District of California. See 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(a).
The clerk shall transfer this matter forthwith and terminate all pending motions on the Court's docket.
IT IS SO ORDERED.