Ciolli

(HC) Harrington v. Ciolli

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20211:21-cv-00658California207 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PERRY HARRINGTON, Case No. 21-cv-00678-JCS Plaintiff, v. ORDER OF TRANSFER

A CIOLLI, Defendant. 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 || validity of his sentence, he does so under the “savings clause” of 28 U.S.C.§ 2241 rather || than under 28 U.S.C. § 2255. See Stephens v. Herrera, 464 F.3d 895, 898 (9th Cir. || 2006) (federal prisoner may proceed under § 2241 if she “(1) makes a claim of i || 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 || California under 28 U.S.C. § 1406(a). See Hernandez v. Campbell, 204 F.3d 861, 864- || 65 n.6 (9th Cir. 2000). The Clerk shall transfer this…

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