(PC)Harper

(PC)Harper v. Peterson

Good Law
United States District Court, Eastern District of CaliforniaJune 15, 20231:23-cv-00894California384 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DERRICK D. HARPER, Case No. 1:23-cv-00894-EPG

Petitioner, ORDER TRANSFERRING CASE TO THE

UNITED STATES DISTRICT COURT FOR

v. THE NORTHERN DISTRICT OF

CALIFORNIA

MARK PETERSON, et al.,

Respondents.

16 Petitioner Derrick D. Harper is a state prisoner proceeding pro se with a petition for writ of habeas corpus. When a state prisoner files a habeas petition in a state that contains two or more federal judicial districts, the petition may be filed in either the judicial district in which the petitioner is presently confined or the judicial district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting Carbo v. United States, 364 U.S. 611, 618, 81 S. Ct. 338, 5 L. Ed. 2d 329 (1961)). Petitions challenging the execution of a sentence are preferably heard in the district where the inmate is confined. See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitions challenging convictions or 26 …

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