Muhammad 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 1/23/13. New Case Number 2:13-cv-00153-CMK (PC). (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE MUHAMMAD,
Petitioner,

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1:12-cv-01927-MJS (HC)
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
UNITED STATES DISTRICT COURT,
EASTERN DISTRICT OF CALIFORNIA

v.

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RALPH M. DIAZ, Warden,

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Respondent.

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/

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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. Petitioner is currently incarcerated at California Substance

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Abuse Treatment Facility in Corcoran, California.

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Venue for a habeas action is proper in either the district of confinement or the

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district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such

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an application is filed in the exercise of its discretion and in furtherance of justice may

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transfer the application to the other district court for hearing and determination. Id.

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Petitioner is challenging various constitutional violations relating to his conviction

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from Sacramento County. Sacramento County is located in the Sacramento Division of

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the United States District Court for the Eastern District of California. Therefore, the petition
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should have been filed in the Sacramento Division. Local Rule 120(d).

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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.
Petitioner filed a motion to proceed in forma pauperis. (See ECF No. 2.) The Court

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has not ruled on the pending motion.

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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

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District of California sitting in Sacramento; and
2. All future filings shall reference the new Sacramento case number assigned

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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:
ci4d6

January 23, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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