Lau v. State of California

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 12/27/10 ordering the court has not ruled on petitioner's application to proceed in forma pauperis. This CASE TRANSFERRED to the U.S. District Court for the Central District of California. (Plummer, M)

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(HC) Lau v. State of California Doc. 4 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 pauperis; and 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HON C. LAU, Petitioner, vs. STATE OF CALIFORNIA, Respondent. / Petitioner, a state prisoner proceeding without counsel, 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 Los Angeles 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 Los Angeles 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. 2:10-cv-3364 KJN P 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 lau3364.108 2. This matter is transferred to the United States District Court for the Central District of California. DATED: December 27, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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