(HC) Harrington v. Ciolli ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PERRY HARRINGTON, Case No. 21-cv-00678-JCS 8 Plaintiff, 5 v. ORDER OF TRANSFER 10 A CIOLLI, 11 Defendant. 2 In this federal habeas action, petitioner challenges his federal detention in Merced E 13. |} County, which lies in the Eastern District of California. While petitioner challenges the S 14 || validity of his sentence, he does so under the “savings clause” of 28 U.S.C.§ 2241 rather 3 15 || than under 28 U.S.C. § 2255. See Stephens v. Herrera, 464 F.3d 895, 898 (9th Cir. 16 || 2006) (federal prisoner may proceed under § 2241 if she “(1) makes a claim of i 17 || actual innocence, and (2) has not had an unobstructed procedural shot at presenting 18 || that claim”). Accordingly, this action is TRANSFERRED to the Eastern District of 19 || California under 28 U.S.C. § 1406(a). See Hernandez v. Campbell, 204 F.3d 861, 864- 20 || 65 n.6 (9th Cir. 2000). The Clerk shall transfer this action forthwith. 21 IT IS SO ORDERED. 22 || Dated: April 19, 2021 Z Zo 23 - J © A JOSEPH C. SPERO 24 United States Chief Magistrate Judge 25 26 27 28