Balbuena v. Miller
ORDER TRANSFERRRING Case to the SACRAMENTO Division of the United States District Court, Eastern District of California, signed by Magistrate Judge Michael J. Seng on 5/5/11: New Case Number 2:11-cv-01234 EFB (HC). Old Case Number 1:11-cv-00706 MJS (HC). (Hellings, J)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
1:11-cv-00706 MJS (HC)
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
UNITED STATES DISTRICT COURT,
EASTERN DISTRICT OF CALIFORNIA
WALTER MILLER, Warden
Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action
pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915.
The petitioner is challenging a conviction from Sacramento County, which is part of
the Sacramento Division of the United States District Court for the Eastern District of
California. Therefore, the petition should have been filed in the Sacramento Division.
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the
proper court may, on the court’s own motion, be transferred to the proper court. Therefore,
this action will be transferred to the Sacramento Division. This Court will not rule on
Petitioner's request to proceed in forma pauperis.
Accordingly, IT IS HEREBY ORDERED that:
1. This action is transferred to the United States District Court for the Eastern
District of California sitting in Sacramento; and
2. All future filings shall reference the new Sacramento case number assigned and
shall be filed at:
United States District Court
Eastern District of California
501 "I" Street, Suite 4-200
Sacramento, CA 95814
IT IS SO ORDERED.
May 5, 2011
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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