(HC)Murphy v. Diaz
Filing
4
ORDER of INTRADISTRICT TRANSFER from Sacramento (2:20-cv-1775 DMC HC) to Fresno (1:20-cv-1300 SAB HC) signed by Magistrate Judge Dennis M. Cota on 9/10/2020. (Yin, K) Modified on 9/11/2020 (Yin, K).
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MONRELL D. MURPHY,
12
No. 2:20-CV-1775-DMC-P
Petitioner,
13
v.
14
RALPH DIAZ,
15
ORDER
Respondent.
16
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
17
18
habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges an adverse prison disciplinary
19
decision. Consequently, the instant petition is one for review of the execution of a sentence
20
imposed by a California state court. As a general rule, “[t]he proper forum to challenge the
21
execution of a sentence is the district where the prisoner is confined.” Dunne v. Henman, 875
22
F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated at California Correctional Institution,
23
located in Kern County, which is part of the Fresno division of this court. See Local Rule
24
120(b). Because the Sacramento division is not the proper division, this action will be transferred
25
to the Fresno division.
26
///
27
///
28
///
1
1
2
Accordingly, IT IS HEREBY ORDERED that this action is transferred to the
United States District Court for the Eastern District of California sitting in Fresno.
3
4
5
Dated: September 10, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?