Cappel v. Rackley

Filing 3

ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Erica P. Grosjean on 06/14/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TAMMY ANN CAPPEL,

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Case No. 1:17-cv-00784-EPG-HC

Petitioner,

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

v.
RON RACKLEY,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus.

18 When a state prisoner files a habeas petition in a state that contains two or more federal judicial
19 districts, the petition may be filed in either the judicial district in which the petitioner is presently
20 confined or the judicial district in which he was convicted and sentenced. See 28 U.S.C. §
21 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting Carbo v. United States, 364
22 U.S. 611, 618, 81 S. Ct. 338, 5 L. Ed. 2d 329 (1961)). Petitions challenging the execution of a
23 sentence are preferably heard in the district where the inmate is confined. See Dunne v. Henman,
24 875 F.2d 244, 249 (9th Cir. 1989). Petitions challenging convictions or sentences are preferably
25 heard in the district of conviction. See Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
26 Section 2241 further states that, rather than dismissing an improperly filed action, a district court,
27 “in the exercise of its discretion and in furtherance of justice[,] may transfer” the habeas petition
28 to another federal district for hearing and determination. Id.; see also 28 U.S.C. § 1404(a) (court

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1 may transfer any civil action “to any other district or division where it might have been brought”
2 for convenience of parties or “in the interest of justice”).
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The instant petition attacks a disciplinary proceeding and the subsequent appeals process,

4 which amounts to a challenge to the execution of Petitioner’s sentence. (ECF No. 1 at 2).
5 Petitioner is currently incarcerated at Folsom State Prison in Sacramento County, which is part
6 of the Sacramento Division of the United States District Court for the Eastern District of
7 California. Therefore, venue is proper in the Sacramento Division.
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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

9 court may, on the court’s own motion, be transferred to the proper court. Therefore, this action
10 will be transferred to the Sacramento Division.
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Accordingly, IT IS HEREBY ORDERED that:

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1. This action is TRANSFERRED to the United States District Court for the Eastern

13 District of California sitting in Sacramento; and
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2. All future filings shall reference the new Sacramento case number assigned and shall

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United States District Court
Eastern District of California
501 “I” Street, Suite 4-200
Sacramento, CA 95814

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Dated:

June 14, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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