(HC) Major v. Unknown
Filing
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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. ยง 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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