Barter v. Brown, et al.

Filing 3

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:13-cv-2636 EFB HC) to Fresno (1:14-cv-0007 MJS HC) signed by Magistrate Judge Edmund F. Brennan on 1/2/2014. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEVI MICAH BARTER,

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Petitioner,

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No. 2:13-cv-2636-EFB P

v.

ORDER

JERRY BROWN, et al.,

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Respondents.

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Levi Micah Barter, a state prisoner without counsel, has filed a “writ of mandamus” and

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“T.R.O. Order,” requesting that his credits be restored and that he “immediately” be released

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from Kern Valley State Prison, where he is confined. The Clerk of the Court opened this action

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as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. It appears from his initial

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filing and the exhibits attached thereto that he wishes to challenge the warden’s refusal to restore

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petitioner’s good time credits and set an early parole release date, as ordered by a Los Angeles

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County Superior Court. Therefore, this action should have been commenced in the district court

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in Fresno. E.D. Cal. Local Rule 120(d).

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Accordingly, it is hereby ordered that:

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1. This action is transferred to the district court in Fresno. See E.D. Cal. Local Rule

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120(f).
2. The Clerk of Court shall assign a new case number.

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3. All future filings shall bear the new case number and shall be filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
Dated: January 2, 2014.

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