J'Weial v. Lizarraga
Filing
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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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