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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDDIE MILLS, 12 13 14 15 No. 2:18-cv-0256 KJN P Petitioner, v. ORDER ANDRE MATAVOUSIAN, Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. In his application, petitioner challenges a policy of 19 classification for law library usage at Atwater U.S. Penitentiary, in Merced County. Because 20 petitioner challenges a condition of confinement, rather than the execution of his sentence, the 21 undersigned construes this action as a Bivens action. See Bivens v. Six Unknown Named Agents 22 of Federal Bureau of Narcotics, 402 U.S. 388 (1971); see also Sanders v. Matevousian, 2017 WL 23 6209380 (E.D. Cal. 2017) (discussing differences between a habeas petition brought pursuant to 24 28 U.S.C. § 2241 and a Bivens action). 25 The alleged violations took place in Merced County, which is part of the Fresno Division 26 of the United States District Court for the Eastern District of California. See Local Rule 120(d). 27 28 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 1 1 court. Therefore, this action will be transferred to the Fresno Division of the court. 2 Good cause appearing, IT IS HEREBY ORDERED that: 3 1. This action is transferred to the United States District Court for the Eastern District of 4 5 6 California sitting in Fresno; and 2. All future filings shall reference the new Fresno case number assigned and shall be filed at: 7 United States District Court 8 Eastern District of California 9 2500 Tulare Street 10 Fresno, CA 93721 11 12 Dated: February 14, 2018 13 14 15 Mill0256.109 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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