Eric Wilton Burton v. Raul Morales

Summary

The United States District Court for the Eastern District of California orders the transfer of Eric Wilton Burton’s habeas corpus petition to the Fresno Division. The petition challenges the California Board of Parole Hearings’ denial of parole, and the court concludes that venue is proper in the district where the petitioner is confined.

Holdings

1. A petition challenging the denial of parole, which concerns the execution of a sentence, is properly brought in the district or division where the prisoner is confined.
2. When a civil action has not been commenced in the proper division, the court may transfer the action to the proper division on its own motion.

Questions Presented

1. Whether a federal habeas petition challenging the denial of parole should be heard in the district or division where the prisoner is confined.
2. Whether the action should be transferred to the Fresno Division of the Eastern District of California under Local Rule 120(f).

Disposition

other