J'Weial v. Lizarraga

Filing 3

ORDER of INTRADISTRICT TRANSFER from Sacramento 2:17-cv-02316-GGH to Fresno 1:17-cv-1526-EPG signed by Magistrate Judge Gregory G. Hollows on 11/15/2017. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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XAVIER LUMAR J’WEIAL

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No. 2:17-CV-02316 GGH

Petitioner,
v.
ORDER
JOE LIZARRAGA
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, ECF No. 1, and an application to proceed in forma pauperis.

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ECF No. 2. The court has not ruled on that application.

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Petitioner is currently confined in the Mule Creek State Prison which is within the

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Eastern District of California, but his conviction emanated from a judgment entered in the

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Superior Court for Kern County and his appeal was before the Fifth Circuit Court of Appeal.

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Therefore, the proper venue for the case is in the Fresno Division of this court where the records

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regarding petitioner’s conviction, and those related to his appeal to the Fifth District Court of

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Appeal, are readily available .

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Accordingly, IT IS HEREBY ORDERED that:

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and close this file.

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DATED: November 15, 2017

The Clerk of the Court shall transfer this case to the Fresno Division of this court

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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