(HC) Murphy v. Diaz

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:20-cv-1775 DMC HC) to Fresno (1:20-cv-1300 SAB HC) signed by Magistrate Judge Dennis M. Cota on 9/10/2020. (Yin, K) Modified on 9/11/2020 (Yin, K).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MONRELL D. MURPHY, 12 No. 2:20-CV-1775-DMC-P Petitioner, 13 v. 14 RALPH DIAZ, 15 ORDER Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges an adverse prison disciplinary 19 decision. Consequently, the instant petition is one for review of the execution of a sentence 20 imposed by a California state court. As a general rule, “[t]he proper forum to challenge the 21 execution of a sentence is the district where the prisoner is confined.” Dunne v. Henman, 875 22 F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated at California Correctional Institution, 23 located in Kern County, which is part of the Fresno division of this court. See Local Rule 24 120(b). Because the Sacramento division is not the proper division, this action will be transferred 25 to the Fresno division. 26 /// 27 /// 28 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that this action is transferred to the United States District Court for the Eastern District of California sitting in Fresno. 3 4 5 Dated: September 10, 2020 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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