Yeh v. Hamilton

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:13-cv-0261 CMK HC) to Fresno (1:13-cv-0335 GSA HC) signed by Magistrate Judge Craig M. Kellison on 3/7/2013. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YOW MING YEH,

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No. 2:13-CV-0261-CMK-P

Petitioner,

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vs.

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M. HAMILTON,

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ORDER

Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges an adverse prison disciplinary

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decision. Consequently, the instant petition is one for review of the execution of a sentence

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imposed by a California state court. As a general rule, “[t]he proper forum to challenge the

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execution of a sentence is the district where the prisoner is confined.” Dunne v. Henman, 875

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F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated at Kern Valley State Prison, located in

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Kern County, which is part of the Fresno division of this court. See Local Rule 120(b). Because

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the Sacramento division is not the proper division, this action will be transferred to the Fresno

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division.

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Accordingly, IT IS HEREBY ORDERED that this action is transferred to the
United States District Court for the Eastern District of California sitting in Fresno.

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DATED: March 7, 2013
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______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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