Anthony E. Mack v. David Baughman
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/13/2016 VACATING the 8/16/2016 findings and recommendations 6 ; and this matter is TRANSFERRED to the USDC for the Central District of California. CASE CLOSED. (Yin, K)[Transferred from California Eastern on 9/15/2016.]
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY E. MACK,
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No. 2:16-cv-1300 MCE KJN P
Petitioner,
v.
ORDER
DAVID BAUGHMAN,
Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 16, 2016, the undersigned filed findings and recommendations and
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recommended that this action be dismissed without prejudice based on petitioner’s failure to pay
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the filing fee, and denied petitioner’s request for change of venue because it appeared petitioner
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was challenging a policy under 42 U.S.C. § 1983 rather than the fact or duration of his
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confinement under 28 U.S.C. 2254.
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On August 25, 2016, petitioner paid the filing fee. On September 8, 2016, after receiving
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an extension of time, petitioner filed objections to the findings and recommendations. In his
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objections, petitioner confirms that he was falsely imprisoned in Los Angeles County at the time
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of the allegations set forth in his pleading, and contends that he challenges the fact and duration
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of such confinement in Los Angeles County rather than the conditions of his confinement under
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42 U.S.C. § 1983. While both this court and the United States District Court in the district where
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petitioner was convicted or re-sentenced have jurisdiction, see Braden v. 30th Judicial Circuit
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Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of
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petitioner’s application are more readily available in Los Angeles County. Id. at 499 n.15; 28
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U.S.C. § 2241(d).
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Thus, the findings and recommendations are vacated, and this action is transferred to the
Central District of California.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed August 16, 2016 (ECF No. 6), are vacated;
and
2. This matter is transferred to the United States District Court for the Central District of
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California.
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Dated: September 13, 2016
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/mack1300.108
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