Cole v. Holland

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 06/13/16 ordering this court has not ruled on petitioners application to proceed in forma pauperis. CASE TRANSFERRED to the U.S. District Court for the Central District of California. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WALTER LEE COLE,

12

Petitioner,

13
14

No. 2:16-cv-1215 GGH P

v.

ORDER

K. HOLLAND, Warden,

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, together with a request to proceed in forma pauperis. This

19

court will not rule on petitioner's request to proceed in forma pauperis.
Petitioner is presently incarcerated at California Correctional Institution in Tehachapi. He

20
21

is serving a sentence for a conviction rendered by the Los Angeles County Superior Court.
The general rule with regard to habeas applications is that both the United States District

22
23

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

24

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

25

484 (1973). In the instant case, petitioner's conviction occurred in an area covered by the District

26

Court for the Central District of California.

27

/////

28

/////
1

1

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

2

1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and

3

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

4

California. Id. at 499 n.15; 28 U.S.C. § 2241(d).

5

Dated: June 13, 2016

6

/s/ Gregory G. Hollows

7

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12

/mp
cole1215.108a

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2