Opinion
No. C 02-3899 CRB (PR)
August 29, 2002
ORDER OF TRANSFER
Petitioner seeks federal habeas review of the execution of a sentence imposed by the Superior Court of California in and for the County of Sacramento and of a complimentary sentence imposed by the Superior Court of California in and for the County of Yolo, both of which lie in the venue of the Eastern District of California. See NO. C 02-0638 VRW 28 U.S.C. § 84(b). Petitioner is incarcerated at Mule Creek State Prison in lone, County of Amador, which also lies in the Eastern District of California. See id.
Venue is proper in a habeas action in either the district of conviction or the The parties hereto, by their counsel, having advised the court that they have agreed to a settlement of this Cause; IT IS HEREBY ORDERED that this cause of district of confinement, id § 2241(d); however, the district of confinement is the action be dismissed with prejudice, provided, however, that if any party hereto shall certify to this court, within ninety days, with proof of service of a copy thereof, that the preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a); agreed consideration for said settlement has not been delivered over, the foregoing order shall stand vacated and this cause shall forthwith be restored to the calendar to Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Because the County of Amador be set for trial. lies in the Eastern District of California, the court orders that pursuant to 28 U.S.C. § Dated: August 30, 2002 transferred to the United States District Court for the Eastern District of California.
The Clerk shall transfer this matter terminate all pending motions as moot.
SO ORDERED.