(HC) Major v. Unknown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW B. MAJOR, Case No. 2:21-cv-00077-JDP (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE FRESNO DIVISION OF THE UNITED 13 v. STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 14 UNKNOWN, 15 Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. Petitioner appears to challenge the execution of his sentence, claiming that 19 prison officials miscalculated his credits. ECF No. 1 at 1. As a general rule, an action 20 challenging the execution of a sentence must be filed in the district where the petitioner is 21 confined. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated at 22 Valley State Prison, which is located in Madera County. Thus, petitioner should have 23 commenced this action in the Fresno Division of the United States District Court for the Eastern 24 District of California. See E.D. Cal. L.R. 120(d). When a civil action has not been commenced 25 in the proper division of a court, the court may transfer the action to the proper division. See E.D. 26 Cal. L.R. 120(f). 27 Accordingly, it is hereby ORDERED that: 28 1. This action is transferred to the district court in Fresno. 1 2. The Clerk of Court shall assign a new case number. 2 3. All future filings shall bear the new case number and shall be filed at: 3 United States District Court 4 Eastern District of California 2500 Tulare Street 5 Fresno, CA 93721 6 IT IS SO ORDERED. 4 8 | | — Dated: _ February 10, 2021 Q_-——— 9 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28