Williams v. Valenzuela

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/2015 TRANSFERRING this matter to the USDC for the Central District of California. CASE CLOSED. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD B. WILLIAMS, 12 Petitioner, 13 14 No. 2:15-cv-0063 CKD P v. ORDER E. VALENZUELA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or submitted a request 19 to proceed in forma pauperis. Petitioner is incarcerated in California Men’s Colony and was convicted in Los Angeles 20 21 County. Both California Men’s Colony and Los Angeles County are in an area embraced by the 22 United States District Court for the Central District of California. Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of 23 24 confinement have concurrent jurisdiction over applications for habeas corpus filed by state 25 prisoners. Because petitioner was not convicted in this district, and is not presently confined 26 here, this court does not have jurisdiction to entertain the application. 27 ///// 28 ///// 1 1 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 transferred to the United States District Court for the Central District of California. 28 U.S.C. 3 §2241(d); 28 U.S.C. § 1406(a). 4 Dated: January 22, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 2/kly will0063.108b 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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