Sanders v. Carey

Filing 6

ORDER signed by Judge Craig M. Kellison on 1/30/06, ORDERING that this court has not ruled on petitioner's IFP and this CASE TRANSFERRED to District of Northern California. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Yin, K)

Download PDF
(HC) Sanders v. Carey Doc. 6 Case 2:06-cv-00096-MCE-CMK Document 6 Filed 01/30/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. TOM L. CAREY, Warden, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254, together with a request to proceed in forma pauperis. The application attacks a conviction issued by the Hayward Superior Court. While both this Court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner's application are more readily available in Alameda County. Id. at 499 n.15; 28 U.S.C. 2241(d). ///// ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID A. SANDERS, Petitioner, No. CIV S-06-0096 MCE CMK P ORDER Case 2:06-cv-00096-MCE-CMK Document 6 Filed 01/30/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 /m p Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 1. This court has not ruled on petitioner's application to proceed in forma pauperis; and 2. This matter is transferred to the United States District Court for the Northern District of California. DATED: January 30, 2006. ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE s a n d 06cv0096.108 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?