Barth v. Lazarraga

Background

Shawn Damon Barth, identified as a state prisoner, filed a petition under 28 U.S.C. § 2254 challenging a prison disciplinary action that resulted in the loss of credits. The challenged action occurred while he was housed at Mule Creek Prison in Ione. The respondent was Joe A. Lazarraga, identified in the caption as warden.

Venue analysis

The court explained that a habeas case may be heard either in the district where the prisoner is confined or in the district where the conviction occurred. California federal courts traditionally hear challenges to convictions or sentences in the district of conviction or sentencing. But when a petition challenges how a sentence is being carried out—such as a claim involving parole or time credits—the district of confinement is the preferred forum.

Barth was currently confined at the California Medical Facility in Vacaville. The court stated that Vacaville is in Solano County, which is within the Eastern District of California. It therefore concluded that the Eastern District of California, rather than the Northern District of California, was the preferred venue.

Disposition

The court transferred the case to the United States District Court for the Eastern District of California under 28 U.S.C. § 1406(a) and the applicable local habeas rule. It also directed the clerk to terminate all pending motions and transfer the entire file. This order resolved venue only; it did not decide whether Barth was entitled to relief from the disciplinary action or the loss of credits. Judge Beth Labson Freeman issued the order.