Roberts v. Lizarraga

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 12/6/2017 DENYING 12 Motion for Change of Venue. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM SCOTT ROBERTS,

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No. 2:17-cv-2328 MCE AC P

Petitioner,

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v.

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J. LIZARRAGA,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for

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a writ of habeas corpus. On November 6, 2017, the petition was transferred to this district from

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the United States District Court for the Central District of California. ECF No. 4. The

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undersigned subsequently screened the petition and recommended that it be dismissed for failure

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to state a cognizable claim because petitioner was challenging the denial of parole. ECF No. 7.

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Petitioner has now filed a motion for change of venue asking that the case be transferred back to

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the Alhambra Superior Court. ECF No. 12.

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Review of the petition shows that it is captioned for the “Superior Court

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Northeast/Alhambra” (ECF No. 1 at 1), which appears to be a branch of the Los Angeles County

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Superior Court. However, the petition was sent to this court by the United States District Court

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for the Central District of California, not the state superior court. ECF No. 4. It appears that

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petitioner sent his petition to the wrong court. This court does not have the authority to transfer
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the petition to state court and petitioner’s motion will be denied. However, the Clerk of the Court

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will be directed to provide petitioner with a courtesy copy of his petition to assist him in sending

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the petition to the proper court. Petitioner is further advised that the address for the Alhambra

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Courthouse is 150 West Commonwealth, Alhambra, CA 91801.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The motion for change of venue (ECF No. 12) is denied.

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2. The Clerk of the Court is directed to provide petitioner with a copy of the petition

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(ECF No. 1).

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DATED: December 6, 2017

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