Duran v. Davey

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 1/21/16: This action is transferred to the United States District Court for the Eastern District of California sitting in Fresno. (1:16-cv-0100 EPG) (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PEDRO F. DURAN,

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Petitioner,

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No. 2:16-cv-0056 KJN P

v.

ORDER

DAVEY, Warden,

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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, together with a request to proceed in forma pauperis. In his

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application, petitioner challenges a conviction issued by the Kings County Superior Court. Kings

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County is part of the Fresno Division of the United States District Court for the Eastern District of

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California. See Local Rule 120(d).
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.1 This court

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Petitioner may also be raising a claim challenging the execution of his sentence. When the
petition is directed to the manner in which a sentence is being executed, such as a claim
concerning parole or time credits, the district of confinement is the preferable forum. Dunne v.
Henman, 875 F.2d 244, 249 (9th Cir. 1989). To the extent petitioner is raising a claim
challenging the execution of his sentence, transfer to the Fresno Division is appropriate because
petitioner is incarcerated at California State Prison-Corcoran, which is within the jurisdiction of
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will not rule on petitioner’s request to proceed in forma pauperis.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s request to proceed in forma pauperis;

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2. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Fresno; and
3. 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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Dated: January 21, 2016

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dura0056.109

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the Fresno Division.
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