Kizzie v. Matevousian

Filing 13

ORDER of INTRADISTRCT TRANSFER from Sacramento (2:17-cv-1238 WBS DB HC) to Fresno (1:18-cv-1183 SKO HC) signed by Magistrate Judge Deborah Barnes on 8/30/2018. This court has not ruled on petitioner's 2 request to proceed IFP or petitioner's 4 motion to appoint counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY G. KIZZIE,

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No. 2:17-cv-1238 DB P

Petitioner,

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v.

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ORDER

ANDRE MATEVOUSIAN, Warden,

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Respondent.

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

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habeas corpus pursuant to 28 U.S.C. § 2241, together with a request to proceed in forma pauperis.

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In his application, petitioner challenges his confinement1 at the United States Penitentiary

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Atwater, located in Merced County. Merced County is part of the Fresno Division of the United

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States District Court for the Eastern District of California. See Local Rule 120(d).
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

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division of a court may, on the court’s own motion, be transferred to the proper division of the

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court. Therefore, this action will be transferred to the Fresno Division of the court. This court

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will not rule on petitioner’s request to proceed in forma pauperis (ECF No. 2) or his motion to

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appoint counsel (ECF No. 4).

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It appears petitioner has since been transferred to United States Penitentiary Lompoc located in
Lompoc, California. (ECF No. 12.)
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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s request to proceed in forma pauperis (ECF No.

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2);

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2. This court has not ruled on petitioner’s motion to appoint counsel (ECF No. 4);

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3. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Fresno; and

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4. All future filings shall reference the new Fresno case number assigned and shall be
filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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Dated: August 30, 2018

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DLB:12

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DLB:1/Orders/Prisoner.Habeas/kizz1238.109

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