Cummins v. Borders

Filing 6

ORDER Transferring Case to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Stanley A. Boone on 12/07/2017. New Case Number 2:17-cv-2575 EFB. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-01624-SAB (HC)

JAMES CUMMINS,
Petitioner,

ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

v.
DEAN BORDERS,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to

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28 U.S.C. § 2254, together with multiple motions and a request to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915.

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Petitioner is challenging a conviction from Shasta County, which is part of the

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Sacramento Division of the United States District Court for the Eastern District of California.

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Therefore, the petition should have been filed in the Sacramento Division. Pursuant to Local Rule

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120(f), a civil action which has not been commenced in the proper court may, on the court’s own

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motion, be transferred to the proper court. Therefore, this action will be transferred to the

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Sacramento Division.

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Accordingly, 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 Sacramento;
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2. All future filings shall reference the new Sacramento case number assigned and shall
be filed at:

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United States District Court
Eastern District of California
501 “I” Street, Suite 4-200
Sacramento, CA 95814

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3. This court has not ruled on Petitioner’s request to proceed in forma pauperis or any

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other pending motions.

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IT IS SO ORDERED.
Dated:

December 7, 2017
UNITED STATES MAGISTRATE JUDGE

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