O'Connor v. Lizarraga
Filing
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ORDER transferring case to Sacramento Division signed by Magistrate Judge Michael J. Seng on 8/17/2017. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GLENN O’CONNOR,
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1:17-cv-01101-MJS-(HC)
Petitioner,
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v.
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ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA
J. LIZARRAGA,
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Respondent.
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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.
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Venue for a habeas action is proper in either the district of confinement or the
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district of conviction. 28 U.S.C. § 2241(d). It is preferable for petitions challenging a
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conviction or sentence to be heard in the district of conviction and for petitions
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challenging the manner in which the sentence is being executed to be heard in the
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district of confinement. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).
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Here, Petitioner is challenging the manner in which his sentence is being
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executed as a result of prison disciplinary proceedings. Accordingly, it is preferable for
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his challenge to be heard in the district of confinement. Petitioner is housed at Mule
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Creek State Prison, located in Amador County, which is part of the Sacramento Division
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of the United States District Court for the Eastern District of California. Therefore, the
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petition should have been filed in the Sacramento Division.
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Pursuant to Local Rule 120(f), a civil action which has not been commenced in
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the proper court may, on the court’s own motion, be transferred to the proper court.
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Therefore, this action will be transferred to the Sacramento Division. Good cause
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appearing, IT IS HEREBY ORDERED that:
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1. This action is transferred to the United States District Court for the Eastern
District of California sitting in Sacramento; and
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
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3. This court has not ruled on petitioner's request to proceed in forma pauperis.
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IT IS SO ORDERED.
Dated:
August 17, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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