Kilgore v. Patrick Doc.

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Case 3:07-cv-02489-SI Document 5 Filed 05/15/2007 Page 1 of 1

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5 UNITED STATES DISTRICT COURT
6 NORTHERN DISTRICT OF CALIFORNIA
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8 MOLLY KILGORE, No. C 07-2489 SI (pr)
9 Petitioner, ORDER OF TRANSFER
10 v.
11 DEBORAH PATRICK, warden,
For the Northern District of California

12 Respondent.
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United States District Court

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14 Petitioner has filed a petition for writ of habeas corpus to challenge the denial of parole
15 suitability. Petitioner is incarcerated, and apparently had her parole suitability hearing, at the
16 Central California Women’s Facility in Chowchilla, in Madera County. Madera County is
17 within the venue of the Eastern District of California. Venue is proper in a habeas action in
18 either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, the
19 district of confinement is the preferable forum to review the execution of a sentence, such as a
20 parole denial claim. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir.
21 1989). Because petitioner is confined in the Eastern District of California and challenging the
22 execution of her sentence, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in
23 the interests of justice, this action is TRANSFERRED to the United States District Court for the
24 Eastern District of California. The clerk shall transfer this matter forthwith.
25 IT IS SO ORDERED.
26 DATED: May15, 2007
SUSAN ILLSTON
27 United States District Judge
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