Deere v. Borders

Filing 4

ORDER signed by Magistrate Judge Deborah Barnes on 1/22/2018 ORDERING CASE TRANSFERRED to U.S. District Court for the Central District of California. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR RAY DEERE, Sr.,

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Petitioner,

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v.

No. 2:18-cv-0091 DB P

ORDER

BORDERS,
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. This

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court will not rule on petitioner's request to proceed in forma pauperis.

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Petitioner is incarcerated in California Institution for Men in San Bernardino County and

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was convicted in Riverside County. Both San Bernardino and Riverside are in an area embraced

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by the United States District Court for the Central of California.

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Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of

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confinement have concurrent jurisdiction over applications for habeas corpus filed by state

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prisoners. Because petitioner was not convicted in this district, and is not presently confined

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here, this court does not have jurisdiction to entertain the application.

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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. 28 U.S.C. § 2241(d); 28 U.S.C. § 1406(a).

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Dated: January 22, 2018

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DLB:9
DB/orders-habeas/deer0091.108b

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