1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
7 BENJAMIN CHASE, Case No. 21-cv-07566-JSC
8 Plaintiff,
ORDER OF TRANSFER
9 v.
10 U.S. BUREAU OF PRISONS,
ll Defendant.
12 This is a habeas case filed pro se by a federal prisoner under 28 U.S.C. § 2241. The
13 || petition is directed to the execution of Petitioner's sentence in that he contends that prison officials
14 || have unlawfully failed to calculate his presentence time credits. See United States v. Giddings,
3 15 || 740 F.2d 770, 772 (9th Cir. 1984) (federal prisoner’s presentence time credit claim relates to the
a 16 || execution of his sentence and is properly brought 28 U.S.C. § 2241).
3 17 Petitioner is incarcerated at the United States Penitentiary in Beaumont, Texas, which lies
S 18 || within the venue of the United States District Court for the Eastern District of Texas. Venue is
19 || proper in a habeas action in either the district of confinement or the district of conviction, 28
20 U.S.C. § 2241(d); however, the district of confinement is the preferable forum to review the
21 execution of a sentence. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). This petition
22 || therefore is TRANSFERRED to the United States District Court for the Eastern District of Texas.
23 IT IS SO ORDERED.
24 Dated: October 15, 2021
25 J 5 | □
26 ne
ACQUELINE SCOTT CORLE
27 United States Magistrate Judge
28
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