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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW MANCILLA, 12 13 14 15 No. 2:14-cv-1405 KJN P Petitioner, v. ORDER KAMALA D. HARRIS, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or filed a request to 19 proceed in forma pauperis. In his application, petitioner challenges a conviction issued by the 20 Kings County Superior Court. Kings County is part of the Fresno Division of the United States 21 District Court for the Eastern District of California. See Local Rule 120(d). 22 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 23 division of a court may, on the court’s own motion, be transferred to the proper division of the 24 court. Therefore, this action will be transferred to the Fresno Division of the court. 25 In addition, the court notes that petitioner did not sign the petition. It appears that another 26 inmate signed the petition for petitioner, stating that he signed the petition for petitioner “because 27 [he is] trying to get [petitioner] a federal public defender. His state remedies are exhausted. His 28 deadline is in July. . . . To stop time tolling. . . .” (ECF No. 1 at 19.) Petitioner is advised that 1 1 Rule 11 of the Federal Rules of Civil Procedure requires that all pleadings be personally signed 2 by the litigant proceeding without counsel. Accordingly, to avoid any further delay, petitioner 3 may wish to sua sponte sign and file an amended petition in the Fresno Division of this court 4 bearing the new case number. Petitioner need not re-submit his exhibits inasmuch as the exhibits 5 appended to the original petition remain on file with the court and may be referenced by any 6 party. 7 Good cause appearing, IT IS HEREBY ORDERED that: 8 1. This action is transferred to the United States District Court for the Eastern District of 9 10 11 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 12 13 14 3. The Clerk of the Court is directed to send petitioner a copy of pages 1-19 of the 15 original petition. (ECF No. 1 at 1-19.) 16 Dated: June 18, 2014 17 18 /manc1405.109 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?