Barth

Barth v. Lazarraga

Good Law
United States District Court, Northern District of CaliforniaDecember 16, 20195:19-cv-05223California388 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SHAWN DAMON BARTH,

Case No. 19-05223 BLF (PR) Petitioner, ORDER OF TRANSER v.

JOE A. LAZARRAGA, Warden, Respondent.

17 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging a disciplinary action that resulted in the loss of credits while he was housed at the Mule Creek Prison in Ione. (Docket No. 1-3 at 8-21.) Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d). Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction or sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). But if the petition challenges the manner in which a sentence is being executed, e.g., if it…

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