Wulff v. McMahon

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 05/11/15 ordering CASE TRANSFERRED to the U.S. District Court for the Central District of California.. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH EDWARD WULFF,

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Petitioner,

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v.

No. 2:15-cv-0928 GGH P

ORDER

JOHN MCMAHON,

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Respondent.

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Petitioner, a county prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner is presently incarcerated at the Central Detention Center in San Bernardino

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County. He is serving a sentence for a conviction rendered by the San Bernardino County

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Superior Court.
The general rule with regard to habeas applications is that both the United States District

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

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incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit Court, 410

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U.S. 484 (1973). In the instant case, both petitioner's conviction and his place of incarceration

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occurred in an area covered by the District Court for the Central District of California.1

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It is also apparent from the petition which is on the Central District of California form and
which contains a case number from the Central District, as well as the heading: “first amended
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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Central District of California. Id. at 499

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n.15; 28 U.S.C. § 2241(d).

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Dated: May 11, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/mp
Wulf0928.108a

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petition,” that petitioner intended to file this document in the Central District. (ECF No. 1 at 1.)
An attached order from the Central District in the same case number, filed April 29, 2015,
ordering petitioner to file an amended petition, tends to confirm this probability. (Id. at 17-22.)
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