Landin v. Ives

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/2010 ORDERING that this action be transferred to the District of Nebraska. CASE CLOSED. (Matson, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. RICHARD B. IVES, Warden, Respondent. / Petitioner, a federal prisoner proceeding without counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has paid the filing fee. Petitioner challenges a conviction entered in the United States District Court for the District of Nebraska. Because petitioner challenges his conviction, his application must be construed as an application for writ of habeas corpus under 28 U.S.C. § 2255. See Porter v. Adams, 244 F.3d 1006 (9th Cir. 2001). Section 2255 applications must be heard in the district where the conviction and sentence were entered. 28 U.S.C. § 2255(a). Therefore, the court will order that this action be transferred to the District of Nebraska. //// //// //// 1 ORDER PABLO R. LANDIN, Petitioner, No. 2:10-cv-0606 KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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land0606.transfer

Accordingly, IT IS HEREBY ORDERED that this action be transferred to the U.S. District Court for the District of Nebraska. DATED: April 28, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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