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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Petitioner, 13 14 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, 15 Respondent. 16 17 18 19 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. 20 The petitioner is challenging a conviction from Sacramento County, which is part 21 of the Sacramento Division of the United States District Court for the Eastern District of 22 California. 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 24 the proper court may, on the court’s own motion, be transferred to the proper court. 25 Therefore, this action will be transferred to the Sacramento Division. 26 /// 27 /// 28 1 1 2 3 4 5 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 6 7 8 9 10 3. This court has not ruled on petitioner's request to proceed in forma pauperis. IT IS SO ORDERED. 11 12 Dated: February 24, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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