Mills v. Matavousian

Filing 3

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:18-cv-0256 KJN) to Fresno (1:18-cv-0224 MJS) signed by Magistrate Judge Kendall J. Newman on 2/14/2018. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDDIE MILLS,

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No. 2:18-cv-0256 KJN P
Petitioner,

v.

ORDER

ANDRE MATAVOUSIAN,
Respondent.

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Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2241. In his application, petitioner challenges a policy of

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classification for law library usage at Atwater U.S. Penitentiary, in Merced County. Because

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petitioner challenges a condition of confinement, rather than the execution of his sentence, the

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undersigned construes this action as a Bivens action. See Bivens v. Six Unknown Named Agents

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of Federal Bureau of Narcotics, 402 U.S. 388 (1971); see also Sanders v. Matevousian, 2017 WL

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6209380 (E.D. Cal. 2017) (discussing differences between a habeas petition brought pursuant to

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28 U.S.C. § 2241 and a Bivens action).

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The alleged violations took place in Merced County, which is part of the Fresno Division

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of the United States District Court for the Eastern District of California. See Local Rule 120(d).

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper
division of a court may, on the court’s own motion, be transferred to the proper division of the
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court. Therefore, this action will be transferred to the Fresno Division of the court.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Fresno; and
2. All future filings shall reference the new Fresno case number assigned and shall be
filed at:

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United States District Court

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Eastern District of California

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2500 Tulare Street

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Fresno, CA 93721

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Dated: February 14, 2018

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Mill0256.109
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