United States District CourtFor the Northern District of CaliforniaUNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
NELSON T. BUTLER,
JOHN MARSHALL, warden,
No. C 06-7183 SI (pr)
ORDER OF TRANSFER
Petitioner has filed a petition for writ of habeas corpus to challenge the denial of parole
suitability. Petitioner is incarcerated, and apparently had his parole suitability hearing, at the
California Men's Colony in San Luis Obispo County. San Luis Obispo County is within the
venue of the Central District of California. Venue is proper in a habeas action in either the
district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, the district
of confinement is the preferable forum to review the execution of a sentence, such as a parole
denial claim. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).
Because petitioner is confined in the Central District of California and challenging the execution
of his sentence, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests
of justice, this action is TRANSFERRED to the United States District Court for the Central
District of California. The clerk shall transfer this matter forthwith.
IT IS SO ORDERED.
DATED: November 27, 2006
United States District Judge
Case 3:06-cv-07183-SI Document 2 Filed 11/27/2006 Page 1 of 1
Butler v. Marshall