Carroll v. Diaz

Filing 4

ORDER Transferring Case to the Sacramento Division of the United States District Court, Eastern District of California signed by Magistrate Judge Michael J. Seng on 11/05/2012. (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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JAMES E. CARROLL,

1:12-cv-1785 MJS (HC)

Petitioner,

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v.

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

Warden,

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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 motion to appoint counsel and a request to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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The petitioner is challenging a conviction from Shasta 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

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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 motion for appointment of counsel or request to proceed in forma pauperis.
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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This court has not ruled on Petitioner's motion for appointment of counsel or

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request to proceed in forma pauperis.
2. This action is transferred to the United States District Court for the Eastern

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District of California sitting in Sacramento; and
3. 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.

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Dated:
92b0h

November 5, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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