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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLINE BALBUENA, 12 Petitioner, 13 14 15 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. / 16 17 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action 18 pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915. 20 The petitioner is challenging a conviction from Sacramento County, which is part of 21 the Sacramento Division of the United States District Court for the Eastern District of 22 California. Therefore, the petition should have been filed in the Sacramento Division. 23 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the 24 proper court may, on the court’s own motion, be transferred to the proper court. Therefore, 25 this action will be transferred to the Sacramento Division. This Court will not rule on 26 Petitioner's request to proceed in forma pauperis. -1- 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. This action is transferred to the United States District Court for the Eastern 3 District of California sitting in Sacramento; and 2. All future filings shall reference the new Sacramento case number assigned and 4 5 shall be filed at: United States District Court Eastern District of California 501 "I" Street, Suite 4-200 Sacramento, CA 95814 6 7 8 9 10 IT IS SO ORDERED. Dated: 92b0h May 5, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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