Opinion
1:13-cv-00297-SAB (HC)
03-05-2013
JULIUS, R. LUGO, SR., Petitioner, v. ON HABEAS CORPUS, Respondent.
ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA
Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
The petitioner is challenging a conviction from San Joaquin County, which is part of the Sacramento Division of the United States District Court for the Eastern District of California. Therefore, the petition should have been filed in the Sacramento Division.
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper division may, on the court's own motion, be transferred to the proper division. Therefore, this action will be transferred to the Sacramento Division. This court will not rule on petitioner's request to proceed in forma pauperis.
Good cause appearing, IT IS HEREBY ORDERED that:
1. This action is transferred to the United States District Court for the Eastern District of California, Sacramento Division; and
2. All future filings shall reference the new Sacramento case number assigned and shall be filed at:
United States District CourtIT IS SO ORDERED.
Eastern District of California
501 "I" Street, Suite 4-200
Sacramento, CA 95814
________
UNITED STATES MAGISTRATE JUDGE