Perez v. Gipson

Filing 3

ORDER Transferring Case to the Sacramento Division of the United States District Court, Eastern District of California, signed by Magistrate Judge Sheila K. Oberto on 9/16/13. The New Case Number is: 2:13-cv-01921-DAD (HC); Old Case Number 1:13-cv-01455-SKO. (Gonzalez, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC PEREZ, 1:13-cv-1455 SKO (HC) Petitioner, 12 13 vs. 14 ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA CONNIE GIPSON, Respondent. 15 / 16 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 17 18 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. 19 § 1915. 20 The petitioner is challenging a conviction from San Joaquin County, which is part of the 21 Sacramento Division of the United States District Court for the Eastern District of California. 22 Therefore, the petition should have been filed in the Sacramento Division. 23 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 24 court may, on the court’s own motion, be transferred to the proper court. Therefore, this action 25 will be transferred to the Sacramento Division. This court will not rule on petitioner's request to 26 proceed in forma pauperis. -1- 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. This court has not ruled on petitioner's request to proceed in forma pauperis. 3 2. This action is transferred to the United States District Court for the Eastern District of 4 5 6 California sitting in Sacramento; and 3. 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 7 8 9 10 IT IS SO ORDERED. 11 Dated: 3em3ec September 16, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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