Mancilla v. Harris
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:14-cv-1405 KJN P
KAMALA D. HARRIS,
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or filed a request to
proceed in forma pauperis. In his application, petitioner challenges a conviction issued by the
Kings County Superior Court. Kings County is part of the Fresno Division of the United States
District Court for the Eastern District of California. See Local Rule 120(d).
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper
division of a court may, on the court’s own motion, be transferred to the proper division of the
court. Therefore, this action will be transferred to the Fresno Division of the court.
In addition, the court notes that petitioner did not sign the petition. It appears that another
inmate signed the petition for petitioner, stating that he signed the petition for petitioner “because
[he is] trying to get [petitioner] a federal public defender. His state remedies are exhausted. His
deadline is in July. . . . To stop time tolling. . . .” (ECF No. 1 at 19.) Petitioner is advised that
Rule 11 of the Federal Rules of Civil Procedure requires that all pleadings be personally signed
by the litigant proceeding without counsel. Accordingly, to avoid any further delay, petitioner
may wish to sua sponte sign and file an amended petition in the Fresno Division of this court
bearing the new case number. Petitioner need not re-submit his exhibits inasmuch as the exhibits
appended to the original petition remain on file with the court and may be referenced by any
Good cause appearing, IT IS HEREBY ORDERED that:
1. This action is transferred to the United States District Court for the Eastern District of
California sitting in Fresno.
2. All future filings shall reference the new Fresno case number assigned and shall be
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
3. The Clerk of the Court is directed to send petitioner a copy of pages 1-19 of the
original petition. (ECF No. 1 at 1-19.)
Dated: June 18, 2014
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