Driver v. McDonald et al

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 6/4/10 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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 ///// 1 vs. MIKE McDONALD, 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. Through his application for habeas relief petitioner seeks to challenge a judgment of conviction entered against him by the Alameda 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 Alameda County. Id. at 499 n.15; 28 U.S.C. § 2241(d). Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTHONY DRIVER, Petitioner, No. CIV S-10-1303 DAD P

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DAD:md driv1303.108

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: June 4, 2010.

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