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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 XAVIER LUMAR J’WEIAL 12 13 14 No. 2:17-CV-02316 GGH Petitioner, v. ORDER JOE LIZARRAGA Respondent. 15 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254, ECF No. 1, and an application to proceed in forma pauperis. 19 ECF No. 2. The court has not ruled on that application. 20 Petitioner is currently confined in the Mule Creek State Prison which is within the 21 Eastern District of California, but his conviction emanated from a judgment entered in the 22 Superior Court for Kern County and his appeal was before the Fifth Circuit Court of Appeal. 23 Therefore, the proper venue for the case is in the Fresno Division of this court where the records 24 regarding petitioner’s conviction, and those related to his appeal to the Fifth District Court of 25 Appeal, are readily available . 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 and close this file. 4 DATED: November 15, 2017 The Clerk of the Court shall transfer this case to the Fresno Division of this court 5 6 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?