Fredrickson v. Holland

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:16-cv-0336 GGH) to Fresno (1:16-cv-328 JLT) signed by Magistrate Judge Gregory G. Hollows on 03/09/16. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WARREN FREDRICKSON,

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Petitioner,

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v.

No. 2:16-cv-0336 GGH P

ORDER

K. HOLLAND, 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. Petitioner has paid the filing fee.
Petitioner is incarcerated in Kern County and was convicted in Los Angeles County. Kern

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

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California, and Los Angeles County is in the United States District Court for the Central District

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of California.
Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of

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confinement have concurrent jurisdiction over applications for habeas corpus filed by state

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prisoners. Because petitioner was not convicted in this district, and is not presently confined

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here, this court does not have jurisdiction to entertain the application.
Petitioner is not seeking to overturn his underlying conviction, but rather complains of

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conditions of his confinement, in particular his restriction from family visits in light of his status

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as a convicted sex offender. Therefore, the action will be transferred to the Fresno Division of the

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Eastern District of California.

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Accordingly, in the furtherance of justice, 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; and
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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Dated: March 9, 2016

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/s/ Gregory G. Hollows

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United States Magistrate Judge

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GGH:076:kly
fred0336.108

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