Thompson v. Macomber

Filing 2

ORDER TRANSFERRING CASE to SACRAMENTO Division signed by Magistrate Judge Michael J. Seng on 7/28/2014. New Case Number 2:14-cv-01787-GGH (HC). Old Case Number 1:14-cv-01162-MJS (HC). (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:14-cv-01162 MJS (HC) DeWAYNE THOMPSON, Petitioner, ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA v. J. MACOMBER, Warden, Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28 U.S.C. ' 2254. 19 It is preferable for petitions challenging a conviction or sentence to be heard in the 20 district of conviction while petitions challenging the manner in which the sentence is 21 being executed be heard in the district of confinement. Dunne v. Henman, 875 F.2d 244, 22 249 (9th Cir. 1989). In this case, Petitioner is challenging the manner in which the 23 sentence is being executed. Namely, he is challenging a disciplinary proceeding that 24 occurred while incarcerated in Corcoran, California. Corcoran is located in the Fresno 25 Division of the Eastern District of California. However, prior to filing his federal petition for 26 writ of habeas corpus, Petitioner was been transferred to California State Prison, 27 Sacramento in Represa, California. Represa is located in the Sacramento Division of the 28 1 1 Eastern District of California. Accordingly, the Sacramento Division is the district of 2 confinement. Therefore, the petition should have been filed in the Sacramento Division. 3 Pursuant to Local Rule 120(f), a civil action which has not been commenced in 4 the proper court may, on the court’s own motion, be transferred to the proper court. 5 Therefore, this action will be transferred to the Sacramento Division. Good cause 6 appearing, IT IS HEREBY ORDERED that: 7 8 9 10 1. This action is transferred to the United States District Court for the Eastern District of California sitting in Sacramento; and 2. 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 11 12 13 14 15 IT IS SO ORDERED. Dated: July 28, 2014 /s/ 16 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 17 18 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?