Edwin McMillan v. Ronald Rackley

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 3/1/15 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M) [Transferred from California Eastern on 3/2/2015.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWIN McMILLAN,

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Petitioner,

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No. 2:15-cv-0404 DAD P

v.

ORDER

RONALD RACKLEY,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.
The application for relief pending before this court attacks a judgment of conviction

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issued by the Ventura County Superior Court. While both this court and the United States

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District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th

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Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the

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resolution of petitioner’s application are more readily available in Ventura County. Id. at 499

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n.15; 28 U.S.C. § 2241(d).

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and

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2. This matter is transferred to the United States District Court for the Central District of

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California.

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Dated: March 1, 2015

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DAD:10/mp
mcmi0404.108

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