Perkins v. Sisto

Filing 5

ORDER signed by Judge Dale A. Drozd on 03/16/07 ORDERING that this court has not ruled on petitioner's application to proceed IFP 2. CASE TRANSFERRED to District of Northern District of CA. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED.(Duong, D)

(HC) Perkins v. Sisto

Doc. 5

Case 2:07-cv-00422-GEB-DAD

Document 5

Filed 03/19/2007

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Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KENNETH WARREN PERKINS, Petitioner, vs. D.K. SISTO, 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 judgment of conviction entered in the Lake County 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 Lake County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 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 ORDER No. CIV S- 07-0422 GEB DAD P

Case 2:07-cv-00422-GEB-DAD

Document 5

Filed 03/19/2007

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DAD/bb perk0422.108

2. This matter is transferred to the United States District Court for the Northern District of California. DATED: March 16, 2007.

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