Alegria v. State of California

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 6/2/2017 ORDERING this court has not ruled on 2 application to proceed in forma pauperis and CASE TRANSFERRED to U.S. District Court for the District of Central District of California. (Henshaw, R)

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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 ALFONSO MUNOZ ALEGRIA, 12 13 14 15 No. 2:17-cv-0802 DB P Petitioner, v. ORDER STATE OF CLAIFORNIA, 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. 20 21 22 Petitioner is presently incarcerated at Sierra Conservation Center in Tuolumne County. He is serving a sentence for a conviction rendered by the Riverside County Superior Court. The general rule with regard to habeas applications is that both the United States District 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 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 28 1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and 1 1 2. This matter is transferred to the United States District Court for the Central District of 2 California. Id. at 499 n.15; 28 U.S.C. § 2241(d). 3 Dated: June 2, 2017 4 5 6 7 /DLB7; DB/Inbox/Routine/aleg0802.108a 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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