Burk N. Ashford v. Scott Kernan

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/2017 ORDERING CASE TRANSFERRED to the U.S. District Court for the Central District of California.(Henshaw, R) [Transferred from California Eastern on 7/21/2017.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BURK N. ASHFORD,

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Petitioner,

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No. 2:17-cv-1470 CKD P

v.

ORDER

SCOTT KERNAN,

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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, together with a request to proceed in forma pauperis. This

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court will not rule on petitioner's request to proceed in forma pauperis.
Petitioner is incarcerated in California Men’s Colony and is challenging a disciplinary

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conviction for while an inmate at California Men’s Colony for refusing to participate in

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programming. California Men’s Colony is in an area embraced by the United States District

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Court for the Central District of California.
Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of

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confinement have concurrent jurisdiction over applications for habeas corpus filed by state

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prisoners. Because petitioner was not convicted in this district, and is not presently confined

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here, this court does not have jurisdiction to entertain the application.

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/////
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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and

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2. This matter is transferred to the United States District Court for the Central District of

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California. 28 U.S.C. § 2241(d); 28 U.S.C. § 1406(a).

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Dated: July 18, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/ashf1470.108b

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