O'Connor v. Lizarraga

Filing 3

ORDER signed by Magistrate Judge Michael J. Seng on 8/17/2017, CASE TRANSFERRRED to Sacramento Division. New Case Number 2:17-cv-01704-KJN. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GLENN O’CONNOR, 12 1:17-cv-01101-MJS-(HC) Petitioner, 13 v. 14 ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA J. LIZARRAGA, 15 Respondent. 16 17 18 19 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28 U.S.C. ' 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. 20 Venue for a habeas action is proper in either the district of confinement or the 21 district of conviction. 28 U.S.C. § 2241(d). It is preferable for petitions challenging a 22 conviction or sentence to be heard in the district of conviction and for petitions 23 challenging the manner in which the sentence is being executed to be heard in the 24 district of confinement. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 25 Here, Petitioner is challenging the manner in which his sentence is being 26 executed as a result of prison disciplinary proceedings. Accordingly, it is preferable for 27 his challenge to be heard in the district of confinement. Petitioner is housed at Mule 28 1 1 Creek State Prison, located in Amador County, which is part of the Sacramento Division 2 of the United States District Court for the Eastern District of California. Therefore, the 3 petition should have been filed in the Sacramento Division. 4 Pursuant to Local Rule 120(f), a civil action which has not been commenced in 5 the proper court may, on the court’s own motion, be transferred to the proper court. 6 Therefore, this action will be transferred to the Sacramento Division. Good cause 7 appearing, IT IS HEREBY ORDERED that: 8 9 10 11 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 12 13 14 15 3. This court has not ruled on petitioner's request to proceed in forma pauperis. 16 17 18 IT IS SO ORDERED. Dated: August 17, 2017 /s/ 19 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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