Mizicko v. Swarthout
Filing
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TRANSFER ORDER, signed by Magistrate Judge Michael J. Seng on 4/7/11. Case Transferred to Sacramento Division; The New Case Number is 2:11-cv-00953-CMK (HC). (Verduzco, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN M. MIZICKO,
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Petitioner,
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vs.
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1:11-cv-00559-MJS-(HC)
GARY SWARTHOUT, Warden,
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Respondent.
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ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
UNITED STATES DISTRICT COURT,
EASTERN DISTRICT OF CALIFORNIA
Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action
pursuant to 28 U.S.C. § 2254.
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Venue for a habeas action is proper in either the district of confinement or the
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district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such
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an application is filed in the exercise of its discretion and in furtherance of justice may
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transfer the application to the other district court for hearing and determination. Id.
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Petitioner is not challenging the judgment relating to his underlying conviction in San
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Diego Superior Court. Instead he is challenging a parole denial decision which occurred
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when he was confined at California State Prison, Solano, located in Solano County.
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Petitioner remains confined in Solano County, which is part of the Sacramento Division of
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the United States District Court for the Eastern District of California. The petition should
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have been filed in the Sacramento Division.
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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the
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proper court may, on the court’s own motion, be transferred to the proper court. Therefore,
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this action will be transferred to the Sacramento Division.
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. This action is transferred to the United States District Court for the Eastern
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District of California sitting in Sacramento; and
2. All future filings shall reference the new Sacramento case number assigned and
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shall be filed at:
United States District Court
Eastern District of California
501 "I" Street, Suite 4-200
Sacramento, CA 95814
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IT IS SO ORDERED.
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Dated:
92b0h
April 7, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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