Smith v. Sacramento Division Superior Court

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 6/27/2017 TRANSFERRING this matter to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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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 KENNETH ARDELL SMITH, SR., 12 13 14 15 16 No. 2:16-cv-0401 AC P Petitioner, v. ORDER SACRAMENTO DIVISION SUPERIOR COURT, Respondent. 17 18 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254 in which he challenges the execution of his sentence. As a 20 general rule, “[t]he proper forum to challenge the execution of a sentence is the district where the 21 prisoner is confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is 22 incarcerated at Pelican Bay State Prison in Del Norte County County, which lies in the Northern 23 District of California. See 28 U.S.C. § 84(a). 24 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 25 transferred to the United States District Court for the Northern District of California. 26 DATED: June 27, 2017 27 28

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