(HC) Hicks v. Board of Parole Hearings

Good Law
United States District Court, Eastern District of CaliforniaOctober 21, 20222:22-cv-01910California330 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.