Gonzales v. Matevousian

Filing 5

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:18-cv-0621 KJN) to Fresno (1:18-cv-0499 JLT) signed by Magistrate Judge Kendall J. Newman on 4/12/2018. (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 ROBERT GONZALES, 12 13 14 15 No. 2:18-cv-0651 KJN Petitioner, v. ORDER ANDRE MATEVOUSIAN, 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. Petitioner alleges that the Bureau of Prisons 19 wrongly denied his Case Manager’s request that he be placed in a Residential Reentry Center for 20 one year. In this claim, petitioner challenges the execution of his sentence. 21 Petitioner is housed in Atwater U.S. Penitentiary in Merced County, which is part of the 22 Fresno Division of the United States District Court for the Eastern District of California. See 23 Local Rule 120(d). 24 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 25 division of a court may, on the court’s own motion, be transferred to the proper division of the 26 court. Therefore, this action will be transferred to the Fresno Division of the court. See 27 Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000) (“petitions that challenge the manner, 28 location, or conditions of a sentence’s execution must be brought pursuant to § 2241 in the 1 1 custodial 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: United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721 7 8 9 Dated: April 12, 2018 10 11 12 gonz0651.109 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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