Mays v. Unknown

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/6/2012 ORDERING that this court has not ruled on petitioner's application to proceed ifp; and this matter is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT DENVER MAYS, Petitioner, ORDER vs. 12 13 No. CIV S-12-0104 GGH P Respondent. 11 UNKNOWN, 14 / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 17 habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma 18 pauperis. The application attacks a conviction (Parole Revocation Extension Hearing) 19 20 issued by the Santa Rita Facility in Dublin, California. A review of the application indicates that 21 petitioner may have been originally sentenced in Santa Clara County, and does not reveal any 22 contacts with the Eastern District of California, even himself. Accordingly, it appears that this 23 court lacks jurisdiction over the petition. Cf. 28 U.S.C. § 2241(d) (districts in which petitioner is 24 in custody and in which petitioner was sentenced exercise concurrent jurisdiction over habeas 25 petition filed by state prisoner). 26 \\\\\ 1 In addition, any and all witnesses and evidence necessary for the resolution of 1 2 petitioner’s application are more readily available in Alameda County. 3 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 4 1. This court has not ruled on petitioner’s application to proceed in forma 5 pauperis; and 2. This matter is transferred to the United States District Court for the Northern 6 7 District of California. 8 DATED: February 6, 2012 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 9 10 GGH:rb mays0104.108 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?