Smith v. Sacramento Division Superior Court

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 6/27/2017 TRANSFERRING this matter to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ARDELL SMITH, SR.,

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No. 2:16-cv-0401 AC P

Petitioner,
v.

ORDER

SACRAMENTO DIVISION SUPERIOR
COURT,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254 in which he challenges the execution of his sentence. As a

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general rule, “[t]he proper forum to challenge the execution of a sentence is the district where the

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prisoner is confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is

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incarcerated at Pelican Bay State Prison in Del Norte County County, which lies in the Northern

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District of California. See 28 U.S.C. § 84(a).

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Northern District of California.

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DATED: June 27, 2017

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