Govea v. Unknown

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/15/2011 ORDERING that this action is TRANSFERRED to the USDC for the Central District of California, Western Division. CASE CLOSED. (Zignago, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAY RONNIE GOVEA, 11 Petitioner, No. CIV S-11-0977 EFB P Respondent. ORDER 12 13 14 vs. UNKNOWN, / 15 16 Petitioner is a state prisoner confined to Folsom State Prison, and proceeds without 17 counsel. He has filed a document with the court entitled “Notification to the Court of Change of 18 Address, and Extraordinary Circumstances Why I Was Unable to Meet the AEDPA Deadline to 19 File Writ.” Dckt. No. 1. In this filing, petitioner states that extraordinary circumstances have 20 prevented him from timely filing a petition for writ of habeas corpus to challenge a conviction 21 arising out of Los Angeles County, case number MA033398. Both this court and the United 22 States District Court in the district where petitioner was convicted would have jurisdiction over 23 an application for writ of habeas corpus, see Braden v. 30th Judicial Circuit Court, 410 U.S. 24 484, 499-500 (1973), but witnesses and evidence necessary for the resolution of such an 25 application would be more readily available in the county of conviction. Id. at 499 n.15; 28 26 U.S.C. § 2241(d). 1 1 Because it appears that petitioner has commenced this action for the purpose of pursuing 2 an application for writ of habeas corpus to challenge a conviction and sentence imposed by the 3 Superior Court of Los Angeles County, the court transfers this action to the United States 4 District Court for the Central District of California, Western Division. 28 U.S.C. §§ 84(c)(2); 5 1404(a). 6 Accordingly, it is ORDERED that this action is transferred to the United States District 7 Court for the Central District of California, Western Division. 8 Dated: April 15, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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