Mills v. United States District Court Eastern District of California

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 4/3/2018 TRANSFERRING this matter to the USDC for the Central District of California ; this court has not ruled on petitioner's application to proceed ifp. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE MILLS,

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Petitioner,

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No. 2:17-cv-2099 TLN DB P

v.

ORDER

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA,
Respondent.

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

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corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.
The application appears to attack a conviction issued by the Los Angeles County Superior

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Court.1 While both this court and the United States District Court in the district where petitioner

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was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973),

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any and all witnesses and evidence necessary for the resolution of petitioner’s habeas application

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are more readily available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d).

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Petitioner also appears to be complaining about this court’s dismissal of a prior action, which he
filed as a habeas petition but describes as a civil rights action. If petitioner wishes to file a civil
rights action under 42 U.S.C. § 1983, he may do so by initiating a new action in this court using
the appropriate form for a complaint under § 1983.
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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

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

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

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California.

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Dated: April 3, 2018

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DLB:9
DB/orders/prisoner-habeas/mill2099.108

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