(HC) Mendez v. Warden

District Court, E.D. California·Decided June 12, 2025·No. 1:25-cv-00716·Unknown

Opinion

REYMUNDO JOSE MENDEZ, Jr., No. 2:25-cv-1433 SCR P Petitioner, v. ORDER Respondent. Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has not paid the filing fee or submitted a request to proceed in forma pauperis. In his application, petitioner challenges the execution of his sentence. As a general rule, “[t]he proper forum to challenge the execution of a sentence is the district where the prisoner is confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is incarcerated at Federal Correctional Institution, Mendota, which lies in Fresno County and is part of the Fresno Division of the United States District Court for the Eastern District of California. See Local Rule 120(d). Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper division of a court may, on the court’s own motion, be transferred to the proper division of the court. Therefore, this action will be transferred to the Fresno Division of the court. //// ] 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 sitting in Fresno; and 2. All future filings shall reference the new Fresno case number assigned and shall be filed at: United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721 DATED: June 12, 2025 fonrfob SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE

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Related

William D. Dunne v. Gary L. Henman
875 F.2d 244 (Ninth Circuit, 1989)