Mancilla v. Harris

Filing 4

ORDER for INTRADISTRICT TRANSFER from Sacramento (2:14-cv-1405 KJN) to Fresno (1:14-cv-935 GSA) signed by Magistrate Judge Kendall J. Newman on 06/18/14. The clerk of the court is directed to send petitioner a copy of pages 1-19 of the original petition 1 . (Copy of pages 1-19 of petition 1 served on petitioner by mail)(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW MANCILLA,

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No. 2:14-cv-1405 KJN P

Petitioner,
v.

ORDER

KAMALA D. HARRIS,
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. Petitioner has not paid the filing fee or filed a request to

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proceed in forma pauperis. In his application, petitioner challenges a conviction issued by the

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Kings County Superior Court. Kings County is part of the Fresno Division of the United States

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District Court for the Eastern District of California. See Local Rule 120(d).

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

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division of a court may, on the court’s own motion, be transferred to the proper division of the

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court. Therefore, this action will be transferred to the Fresno Division of the court.

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In addition, the court notes that petitioner did not sign the petition. It appears that another

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inmate signed the petition for petitioner, stating that he signed the petition for petitioner “because

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[he is] trying to get [petitioner] a federal public defender. His state remedies are exhausted. His

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deadline is in July. . . . To stop time tolling. . . .” (ECF No. 1 at 19.) Petitioner is advised that
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Rule 11 of the Federal Rules of Civil Procedure requires that all pleadings be personally signed

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by the litigant proceeding without counsel. Accordingly, to avoid any further delay, petitioner

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may wish to sua sponte sign and file an amended petition in the Fresno Division of this court

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bearing the new case number. Petitioner need not re-submit his exhibits inasmuch as the exhibits

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appended to the original petition remain on file with the court and may be referenced by any

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party.

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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 District of

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California sitting in Fresno.
2. All future filings shall reference the new Fresno case number assigned and shall be
filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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3. The Clerk of the Court is directed to send petitioner a copy of pages 1-19 of the

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original petition. (ECF No. 1 at 1-19.)

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Dated: June 18, 2014

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/manc1405.109

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