(HC) Major v. Unknown

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:21-cv-0077 JDP HC) to Fresno (1:21-cv-0166 SAB HC) signed by Magistrate Judge Jeremy D. Peterson on 2/10/2021. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW B. MAJOR,

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Petitioner,
v.

Case No. 2:21-cv-00077-JDP (HC)
ORDER TRANSFERRING CASE TO THE
FRESNO DIVISION OF THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

UNKNOWN,

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Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. Petitioner appears to challenge the execution of his sentence, claiming that

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prison officials miscalculated his credits. ECF No. 1 at 1. As a general rule, an action

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challenging the execution of a sentence must be filed in the district where the petitioner is

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confined. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated at

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Valley State Prison, which is located in Madera County. Thus, petitioner should have

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commenced this action in the Fresno Division of the United States District Court for the Eastern

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District of California. See E.D. Cal. L.R. 120(d). When a civil action has not been commenced

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in the proper division of a court, the court may transfer the action to the proper division. See E.D.

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Cal. L.R. 120(f).

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Accordingly, it is hereby ORDERED that:

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1. This action is transferred to the district court in Fresno.

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2. The Clerk of Court shall assign a new case number.

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3. All future filings shall bear the new case number and shall be filed at:

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United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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IT IS SO ORDERED.
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Dated:

February 10, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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