Opinion
21-04321 NC (PR)
06-28-2021
FRANCISCO VEGA, JR., Petitioner, v. CALIFORNIA BOARD OF PAROLE HEARINGS, Respondent.
ORDER OF TRANSFER
NATHANAEL M. COUSINS, United States Magistrate Judge.
Petitioner, a state prisoner at Valley State Prison, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges the denial of a parole hearing. See generally, Pet. Venue for a habeas action is proper in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). However, if a petition challenges the manner in which a sentence is being executed, e.g., if it involves a parole or time credit claim, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Here, because petitioner challenges his parole, the Eastern District of California is the preferable forum.
Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California.
IT IS SO ORDERED.