Fleming
Fleming v. FCI-Dublin Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RHONDA ANN FLEMING Case No. 23-cv-00017 NC (PR)
Petitioner, ORDER OF TRANSFER
v.
FCI- DUBLIN WARDEN, Respondent. 16 This federal habeas action, in which petitioner is challenging “the validity of [her] conviction or sentence,” Dkt. No. 1 at 2, is TRANSFERRED to the United States District Court for the Southern District of Texas, as that is the district of conviction. See 28 U.S.C. §§ 1404(a), 2241(d); Habeas L.R. 2254-3(b). Typically, 28 U.S.C. § 2241 is used to review the execution of a federal sentence, rather than the sentence itself. See, e.g., United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984) (presentence time credit claim). Under limited circumstances, a federal prisoner may use 28 U.S.C. § 2241 to collaterally attack a conviction or sentence. See 28 U.S.C. § 2255(e) (known as the “escape hatch” provision). However, this “escape hatch” only 26 1 applies when the prisoner “(1) makes a claim of actual innocence, and…