Hayes v. California Supreme Court et al

Filing 5

ORDER Transferring Case to the Sacramento Division of the United States District Court, Eastern District of California signed by Magistrate Judge Jennifer L. Thurston on 05/20/2011. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELWOOD DUANE HAYES,
Petitioner,

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1:11-cv-00671-JLT (HC)
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
UNITED STATES DISTRICT COURT,
EASTERN DISTRICT OF CALIFORNIA

vs.

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CALIFORNIA SUPREME COURT, et al.,

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Respondents.
/

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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to
28 U.S.C. § 2254.1
Petitioner seeks an order from this Court requiring the state court to rule on a separate

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writ Petitioner has filed in his direct appeal from his criminal conviction presently pending in the

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California Court of Appeal, Third Appellate District. In that direct appeal, Petitioner is

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challenging a conviction from Sacramento County Superior Court, which is part of the

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

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Accordingly, this petition should have been filed in the Sacramento Division.

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Although the original document was captioned as a petition for writ of mandamus, the Court has construed it
as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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

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

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will be transferred to the Sacramento Division. This court will not rule on any other pending

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motions in this case.

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Good cause appearing, IT IS HEREBY ORDERED that:

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

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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

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IT IS SO ORDERED.

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Dated: May 20, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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