Peterson v. Lizarraga

Filing 17

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:17-cv-1693 GGH HC) to Fresno (1:17-cv-1537 SKO HC) signed by Magistrate Judge Gregory G. Hollows on 11/16/2017. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD PETERSON,

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Petitioner,

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No. 2:17-cv-01693-GGH

v.

ORDER

JOE LIZARRAGA,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, and after some delay occasioned by transfer

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of records, filed an application for a writ of habeas corpus on October 30, 2017, pursuant to

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28 U.S.C. § 2254, ECF No. 1, and an application to proceed in forma pauperis. EC No. 2. The

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court has granted in forma pauperis status. ECF No. 15.

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Petitioner is currently confined in the Mule Creek State Prison which is within the Eastern

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District of California, but his conviction emanated from a judgment entered in the Superior Court

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for Kern County and his appeal was before the Fifth Circuit Court of Appeal. Therefore, the

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proper venue for the case is in the Fresno Division of this court where the records regarding

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petitioner’s conviction, those related to his appeal to the Fifth District Court of Appeal are readily

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available.

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Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court shall transfer this case to the Fresno Division of this court and

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close this file.

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Dated: November 16, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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