Abella v. Biter

Filing 3

ORDER TRANSFERRING CASE to the SACRAMENTO Division of the Eastern District of California, signed by Magistrate Judge Michael J. Seng on 2/24/15. New Case Number 2:15-cv-00424 KJN (HC). Old Case Number 1:15-cv-00268 MJS (HC). (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Petitioner,

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1:15-cv-00268-MJS (HC)

FRANK ABELLA,

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

v.
M. D. BITER,

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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, together with a request to proceed in forma pauperis
pursuant to 28 U.S.C. ' 1915.

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The petitioner is challenging a conviction from Sacramento County, which is part
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of the Sacramento Division of the United States District Court for the Eastern District of
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California. 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.
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IT IS HEREBY ORDERED that:
1. This action is transferred to the United States District Court for the Eastern
District of California sitting in Sacramento;
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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3. This court has not ruled on petitioner's request to proceed in forma pauperis.
IT IS SO ORDERED.

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Dated:

February 24, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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