Harrington v. Ciolli

United States District Court for the Northern District of California

Harrington v. Ciolli

Trial Court Opinion

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 a Zo 23 JOSEPH C. SPERO 24 United States Chief Magistrate Judge 25 26 27 28

Reference

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