Laverriere v. State of California

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 4/8/2013 ORDERING that this court has not ruled on petitioner's request to proceed ifp; and this matter is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUS GERARD LAVERRIERE,
Petitioner,

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No. 2:13-cv-00633 DAD P

vs.

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STATE OF CALIFORNIA,

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Respondent.
/

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ORDER

Petitioner has filed an application for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254, together with a request to proceed in forma pauperis. This court will not rule on

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petitioner’s request to proceed in forma pauperis.

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Petitioner is presently confined at Atascadero State Hospital which is located in

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San Luis Obispo County. In his petition, petitioner alleges that in February of 2009 he was

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convicted of carjacking and sentenced to a ten year term in the Santa Cruz County Superior

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Court. It appears that in the pending federal habeas petition petitioner seeks to challenge that

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judgment of conviction

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The general rule with regard to habeas applications is that both the United States

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District Court in the district where petitioner was convicted and the District Court where

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petitioner is incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit
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Court, 410 U.S. 484 (1973). In the instant case, petitioner is confined in San Luis Obispo County

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which is within the Central District of California. However, petitioner ’s judgment of conviction

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was entered in Santa Cruz County, an area within the boundaries of the Northern District of

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California. Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner's request to proceed in forma pauperis;

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2. This matter is transferred to the United States District Court for the Northern

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District of California. Braden,410 U.S. at 499, n.15; 28 U.S.C. § 2241(d).

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DATED: April 8, 2013.

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DAD:mp/4
lave0633.108a

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