McClung v. Rackley

Filing 4

ORDER signed by Magistrate Judge Sheila K. Oberto on 10/31/2012 transferring case to Sacramento Division. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY McCLUNG,

1:12-cv-01741-SKO-(HC)

Petitioner,

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vs.

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ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
UNITED STATES DISTRICT COURT,
EASTERN DISTRICT OF CALIFORNIA

R. J. RACKLEY,
Respondent.

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/

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

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

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§ 1915.

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The petitioner is challenging a conviction from El Dorado County, 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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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 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.

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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
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:
3em3ec

October 31, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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