(HC) Smith v. On Habeas Corpus

Good Law
United States District Court, Eastern District of CaliforniaJanuary 5, 20231:23-cv-00007California394 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH WALTER LOUIS SMITH, Case No. 1:23-cv-00007-HBK (HC) Petitioner, ORDER TRANSFERRING CASE TO THE

EASTERN DIVISION OF THE CENTRAL

v. DISTRICT OF CALIFORNIA ON HABEAS CORPUS, (Doc. No. 1) Respondent. 16

18 Petitioner initiated this action while by filing a petition for writ of habeas corpus 19 challenging prison disciplinary proceedings that resulted in the loss of time credits. (Doc. No. 1 20 at 3). Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 21 was convicted or where the petitioner is incarcerated. See 28 U.S.C. § 2241(d); Rumsfeld v. 22 Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties and witnesses, in 23 the interest of justice, a district court may transfer any civil action to any other district or division 24 where it might have been brought.” 28 U.S.C. § 1404(a). As a general rule, “[t]he proper forum 25 to challenge the execution of a sentence is the…

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