Dominguez v. State of California

Filing 7

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:11-CV-1804 DAD HC) to Fresno (1:11-CV-1491 GSA HC) signed by Magistrate Judge Dale A. Drozd on 9/2/2011. (Marciel, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

JOHN CHARLES DOMINGUEZ,

11
12

Petitioner,

No. CIV S-11-1804 DAD P

vs.

13

STATE OF CALIFORNIA,

14

Respondent.

15
16

ORDER
/

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

17

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

18

pauperis. In his application, petitioner challenges a judgment of conviction entered in the

19

Stanislaus County Superior Court. Stanislaus County is part of the Fresno Division of the United

20

States District Court for the Eastern District of California. See Local Rule 120(d).

21

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

22

the proper division of a court may, on the court’s own motion, be transferred to the proper

23

division of the court. Therefore, this action will be transferred to the Fresno Division of the

24

court. This court will not rule on petitioner’s request to proceed in forma pauperis.

25

On August 22, 2011, petitioner filed a motion seeking relief from the court’s July

26

26, 2011 order. Due to a docketing error, the wrong petition was filed in this case. The error has
1

1

been corrected. Therefore, the court will grant petitioner’s motion and the court’s order requiring

2

petitioner to file an amended petition will be vacated.

3

Good cause appearing, IT IS HEREBY ORDERED that:

4

1. Petitioner’s August 22, 2011 motion for relief from the court’s July 26, 2011

5

order (Doc. No. 6) is granted;

6
7

2. The court’s order, filed on July 26, 2011, requiring petitioner to file an
amended petition for a writ of habeas corpus is vacated;

8

3. This court has not ruled on petitioner’s request to proceed in forma pauperis;

9

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

10

District of California sitting in Fresno; and

11
12

5. All future filings shall reference the new Fresno case number assigned and
shall be filed at:

13

United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

14
15
16

DATED: September 2, 2011.

17
18
19
20

DAD:4
domi1804.109

21
22
23
24
25
26
2