Pilcher v. Pepper et al

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2011 ORDERING that this action is TRANSFERRED to the USDC for the Northern District of Mississippi. CASE CLOSED. (Yin, K) [Transferred from California Eastern on 12/1/2011.]

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ORLANDO LEWAYNE PILCHER, Petitioner, 11 No. CIV S-11-3044 CKD P vs. 12 13 ALLEN PEPPER, JR., et al., 14 Respondents. ORDER / 15 Petitioner, a prisoner at Federal Correctional Institution, Herlong, has filed a 16 17 document the court construes as a motion attacking his sentence under 28 U.S.C. § 2255.1 Such 18 a motion must be brought in the court that imposed the sentence under attack. 28 U.S.C. § 19 22545(a). Petitioner’s sentence was imposed in the United States District Court for the Northern 20 District of Mississippi. Therefore, the court will order this action transferred there. 21 ///// 22 ///// 23 ///// 24 1 25 26 The document submitted is actually a completed Eastern District of California formapplication for writ of habeas corpus under 28 U.S.C. § 2241. However, petitioner challenges his federal conviction and, thus, the imposition of his sentence. Such a challenge generally must be made through a § 2255 motion rather than a § 2241 petition for writ of habeas corpus (a proper § 2241 petition generally challenges the execution, rather than the imposition of a federal sentence). Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000). Accordingly, IT IS HEREBY ORDERED that this action is transferred to the 1 2 3 United States District Court for the Northern District of Mississippi. Dated: December 1, 2011 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 1/mp 8 milc3044.108 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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