Wells v. Lizarraga

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 09/16/19 DENYING 31 petitioner's motion to remand this case to the state superior court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER KELLY WELLS,

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No. 2:16-cv-2807 WBS AC P

Petitioner,
v.

ORDER

JOE A. LIZARRAGA,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a request to have this action

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remanded to the state superior court for purposes of resentencing under newly enacted state law.

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ECF No. 31. This action was originally brought in this court, so cannot be “remanded” (which

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means returned to the court where it began.) This court also lacks authority to transfer a case to

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state court. Petitioner is free to pursue his remedies under state law in the appropriate state court.

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He does not require leave of this court to do so. If petitioner wishes to seek relief in the

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sentencing court instead of in this court, he may file the appropriate petition in that court directly

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and voluntarily dismiss the instant action.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to remand this case to

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the state superior court (ECF No. 31) is denied.

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DATED: September 16, 2019

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