(HC) Hicks v. Board of Parole Hearings
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
MICHAEL J. HICKS, Case No. 22-06060 NC (PR)
Petitioner,
ORDER OF TRANSFER
v.
BOARD OF PAROLE HEARINGS, 15 Respondent.
Petitioner, a state prisoner at California State Prison, Sacramento, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1 (“Petition”). Petitioner challenges his parole determination. See id. at 9 (arguing that Petitioner should have been given “elder parole consideration” in his August 2021 parole hearing). 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). But if the petition challenges the manner in which a sentence is being executed, as Petitioner’s does, the district of confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2) (stating that a petition should be heard in the district of confinement if it challenges the manner in which the sentence is carried out); see also Tucker v. Carlson, 925…