Gonzales v. Matevousian

Filing 5

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:18-cv-0621 KJN) to Fresno (1:18-cv-0499 JLT) signed by Magistrate Judge Kendall J. Newman on 4/12/2018. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT GONZALES,

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No. 2:18-cv-0651 KJN

Petitioner,
v.

ORDER

ANDRE MATEVOUSIAN,
Respondent.

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Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner alleges that the Bureau of Prisons

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wrongly denied his Case Manager’s request that he be placed in a Residential Reentry Center for

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one year. In this claim, petitioner challenges the execution of his sentence.

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Petitioner is housed in Atwater U.S. Penitentiary in Merced County, which is part of the

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Fresno Division of the United States District Court for the Eastern District of California. See

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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

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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. See

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Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000) (“petitions that challenge the manner,

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location, or conditions of a sentence’s execution must be brought pursuant to § 2241 in the
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custodial court.”)

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Good cause appearing, 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: April 12, 2018

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gonz0651.109

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