Wheelwright v. The California Department of Corrections

Filing 3

ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 4/22/13: CASE TRANSFERRRED to SACRAMENTO Division; New Case Number 2:13-cv-00787 GGH (HC); Old Case Number 1:13-cv-00557 BAM (HC). (Hellings, J)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DION DARYL WHEELWRIGHT, 1:13-cv-00557 BAM (HC) Petitioner, 12 ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA 13 vs. 14 THE CALIFORNIA DEPARTMENT OF CORRECTIONS, 15 Respondent. / 16 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 17 18 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. 19 § 1915. 20 The petitioner is challenging a judgment from Sacramento County, which is part of the 21 Sacramento Division of the United States District Court for the Eastern District of California. 22 He complains his abstract of judgment should be amended because he was not awarded the 23 appropriate amount of sentence credits pursuant to California Penal Code § 2900.5. Therefore, 24 the petition should have been filed in the Sacramento Division. 25 26 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper court may, on the court’s own motion, be transferred to the proper court. Therefore, this action -1- 1 will be transferred to the Sacramento Division. This court will not rule on petitioner's request to 2 proceed in forma pauperis. 3 Good cause appearing, IT IS HEREBY ORDERED that: 4 1. This court has not ruled on petitioner's request to proceed in forma pauperis. 5 2. This action is transferred to the United States District Court for the Eastern District of 6 7 8 California sitting in Sacramento; and 3. All future filings shall reference the new Sacramento case number assigned and shall be filed at: United States District Court Eastern District of California 501 "I" Street, Suite 4-200 Sacramento, CA 95814 9 10 11 12 13 IT IS SO ORDERED. Dated: 23ehd0 April 22, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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