(HC) Revels v. Thompson ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, No. 2:19-cv-1658 CKD P 12 Respondent, 13 v. ORDER 14 ROBERT REVELS, III, 15 Movant. 16 17 Movant, a federal inmate proceeding pro se, has filed what he calls a petition for writ of 18 habeas corpus under 28 U.S.C. §2241. However, because movant challenges a United States 19 criminal conviction, the “petition” is actually a motion to vacate, set aside or correct sentence 20 under 28 U.S.C. § 2255. E.g. Hernandez v. Campbell, 204 F.3d 861, 862 (9th Cir. 2000). The 21 motion attacks a conviction issued by the United States District Court for the Western District of 22 Washington. Since § 2255 motions must be filed in the court where the conviction challenged 23 was entered (Rule 3, Rules Governing Section 2255 Proceedings) this action will be transferred to 24 Washington. 25 ///// 26 ///// 27 ///// 28 ///// 1 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 2 | States District Court for the Western District of Washington. 3 | Dated: August 30, 2019 Po Pg, fF /- it LE 9 4 CAROLYN K. DELANEY 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 sevet658.108 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28