Thompson v. Macomber

Filing 2

ORDER TRANSFERRING CASE to SACRAMENTO Division signed by Magistrate Judge Michael J. Seng on 7/28/2014. New Case Number 2:14-cv-01787-GGH (HC). Old Case Number 1:14-cv-01162-MJS (HC). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-01162 MJS (HC)

DeWAYNE THOMPSON,
Petitioner,

ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

v.
J. MACOMBER, Warden,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action
pursuant to 28 U.S.C. ' 2254.

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It is preferable for petitions challenging a conviction or sentence to be heard in the
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district of conviction while petitions challenging the manner in which the sentence is
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being executed be heard in the district of confinement. Dunne v. Henman, 875 F.2d 244,
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249 (9th Cir. 1989). In this case, Petitioner is challenging the manner in which the
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sentence is being executed. Namely, he is challenging a disciplinary proceeding that
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occurred while incarcerated in Corcoran, California. Corcoran is located in the Fresno
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Division of the Eastern District of California. However, prior to filing his federal petition for
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writ of habeas corpus, Petitioner was been transferred to California State Prison,
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Sacramento in Represa, California. Represa is located in the Sacramento Division of the
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Eastern District of California. Accordingly, the Sacramento Division is the district of

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confinement. 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

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the proper court may, on the court’s own motion, be transferred to the proper court.

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Therefore, this action will be transferred to the Sacramento Division. Good cause

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appearing, IT IS HEREBY ORDERED that:

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1. This action is transferred to the United States District Court for the Eastern
District of California sitting in Sacramento; and
2. 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

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IT IS SO ORDERED.
Dated:

July 28, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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