Torres v. California Department of Corrections and Rehabilitation

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 9/8/10 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

(HC)Torres v. California Department of Corrections and Rehabilitation

Doc. 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Respondent. 15 16 17 18 19 20 21 22 23 24 25 26 / 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 issued entered in the San Jose 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 Santa Clara 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 FELIX COSTA TORRES, Petitioner, vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ORDER No. CIV S-10-2214 DAD P

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DAD:kly torr2214.108

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: September 8, 2010.

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