Skinner v. United States Department of Justice

Filing 3

ORDER Granting 2 Motion to Transfer and Transferring Case to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Stanley A. Boone on 01/09/2018. New Case Number 2:18-cv-43 AC.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JESSE MANUEL SKINNER,

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Case No. 1:18-cv-00029-SAB-HC

Petitioner,

ORDER GRANTING MOTION TO
TRANSFER AND TRANSFERRING CASE
TO THE SACRAMENTO DIVISION OF
THE EASTERN DISTRICT OF
CALIFORNIA

v.
UNITED STATES DEPARTMENT OF
JUSTICE, et al.,

(ECF No. 2)
Respondents.
Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus

18 pursuant to 28 U.S.C. § 2241. On January 4, 2018, Petitioner filed the instant motion to transfer,
19 noting that he may have filed his petition in the wrong court. (ECF No. 2).
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“[A] habeas petition filed pursuant to § 2241 must be heard in the custodial court . . . .”

21 Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000). Here, Petitioner is currently housed
22 at FCI Herlong in Lassen County, California, which is part of the Sacramento Division of the
23 United States District Court for the Eastern District of California. See Local Rule 120(d).
24 Therefore, venue is proper in the Sacramento Division. Pursuant to Local Rule 120(f), a civil
25 action which has not been commenced in the proper court may be transferred to the proper venue
26 within the District. Therefore, this action will be transferred to the Sacramento Division.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion to transfer (ECF No. 2) is GRANTED;

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2. This action is transferred to the Sacramento Division of the United States District

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Court for the Eastern District of California; and

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3. All future filings shall reference the new Sacramento case number assigned and shall

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be filed at:

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United States District Court
Eastern District of California
501 “I” Street, Suite 4-200
Sacramento, CA 95814

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IT IS SO ORDERED.

10 Dated:

January 9, 2018
UNITED STATES MAGISTRATE JUDGE

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