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Order of Transfer

P:\PRO-SE\SJ.JF\HC.11\01143Getsinger_transfer.wpd 1

NOT FOR CITATION

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

CHARLES R. GETSINGER,

Petitioner,

 vs.

HARRY HAGEMAN, et al., 

Respondents. 

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No. C 11-01143 JF (PR)

ORDER OF TRANSFER

 Petitioner, a parolee proceeding pro se, filed a petition for a writ of habeas corpus

pursuant to 28 U.S.C. § 2254, challenging his sentence. Petitioner has paid the filing fee. 

According to the petition, Petitioner was convicted of murder and sentenced to life

in the State of New Jersey in January 1976. (Pet. at 2.) In January 1989, he was released

on parole and transferred to California under “interstate parole.” (Id.) Petitioner claims

he was given a term of 21 years with supervision, with a discharge date of January 2010. 

(Id.) When he began inquiring about his discharge papers in January 2010, he was told

that a mistake had been made, and that his new discharge date was January 2099. (Id.) 

Petitioner was told that the change came from New Jersey. (Id.) Petitioner seeks

cessation of parole supervision. (Id. at 1.) 

Petitions challenging a conviction are preferably heard in the district of conviction. 

Case 3:11-cv-03047-FLW Document 10 Filed 05/19/11 Page 1 of 3 PageID: 153
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Order of Transfer

P:\PRO-SE\SJ.JF\HC.11\01143Getsinger_transfer.wpd 2

See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968); cf.

Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (district of confinement best forum

to review execution of sentence). Although Petitioner resides in Fremont, California, he

is serving a sentence for a conviction out of the State of New Jersey, which is not within

the habeas jurisdiction of this Court. Furthermore, Petitioner is challenging an allegedly

unlawful change in his discharge date that was made by the State of New Jersey. 

Accordingly, the Court finds that the United States District Court for New Jersey is the

more appropriate venue for this action. This case is hereby TRANSFERRED to the

United States District Court for New Jersey. See 28 U.S.C. §§ 110, 1404(a); Habeas L.R.

2254-3(b)(1). 

The Clerk shall transfer the entire file to the United States District Court for New

Jersey.

IT IS SO ORDERED.

DATED: JEREMY FOGEL 

United States District Judge

5/5/11

Case 3:11-cv-03047-FLW Document 10 Filed 05/19/11 Page 2 of 3 PageID: 154
UNITED STATES DISTRICT COURT

FOR THE 

NORTHERN DISTRICT OF CALIFORNIA

CHARLES R GETSINGER III,

Petitioner,

 v.

HARRY HAGEMAN, et al.,

Respondents. /

Case Number: CV11-01143 JF 

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District

Court, Northern District of California.

That on , I SERVED a true and correct copy(ies) of the

attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)

hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into

an inter-office delivery receptacle located in the Clerk's office.

Charles R. Getsinger

41060 High Street

Suite B

Fremont, CA 94538

Dated: 

Richard W. Wieking, Clerk

5/19/11

5/19/11

Case 3:11-cv-03047-FLW Document 10 Filed 05/19/11 Page 3 of 3 PageID: 155