Moore v. Harris

Filing 4

ORDER of INTRA DISTRICT TRANSFER from Sacramento (2:16-cv-1320 KJN) to Fresno (1:16-cv-895 JLT) signed by Magistrate Judge Kendall J. Newman on 06/23/16. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROOSEVELT MOORE,

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No. 2:16-cv-1320 KJN P

Petitioner,

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v.

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STAINER, et al.,

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ORDER

Respondents.

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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.

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Petitioner is presently housed at California State Prison, Los Angeles County, in Lancaster,

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California. His application attacks a rules violation report issued when petitioner was housed at

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Kern Valley State Prison. While both this court, and the United States District Court for the

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Central District of California have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410

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U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s

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application are more readily available in Kern County. Id. at 499 n.15; 28 U.S.C. § 2241(d).

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

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District of California. See Local Rule 120(d).

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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
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court. Therefore, this action will be transferred to the Fresno Division of the court. This court

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will not rule on petitioner’s request to proceed in forma pauperis.

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

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

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2. This matter is transferred to the Fresno Division of the United States District Court for

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the Eastern District of California.

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Dated: June 23, 2016

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/moor1320.109

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