Balbuena v. Miller

Filing 3

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLINE BALBUENA,

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Petitioner,

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1:11-cv-00706 MJS (HC)
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
UNITED STATES DISTRICT COURT,
EASTERN DISTRICT OF CALIFORNIA

vs.
WALTER MILLER, Warden
Respondent.
/

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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action

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pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915.

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The petitioner is challenging a conviction from Sacramento County, which is part of

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the Sacramento Division of the United States District Court for the Eastern District of

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California. Therefore, the petition should have been filed in the Sacramento Division.

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the

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proper court may, on the court’s own motion, be transferred to the proper court. Therefore,

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this action will be transferred to the Sacramento Division. This Court will not rule on

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Petitioner's request to proceed in forma pauperis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. This action is transferred to the United States District Court for the Eastern

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District of California sitting in Sacramento; and
2. All future filings shall reference the new Sacramento case number assigned and

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shall be filed at:
United States District Court
Eastern District of California
501 "I" Street, Suite 4-200
Sacramento, CA 95814

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IT IS SO ORDERED.
Dated:
92b0h

May 5, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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