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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT DENVER MAYS,
Petitioner,

ORDER

vs.

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No. CIV S-12-0104 GGH P

Respondent.

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UNKNOWN,

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/

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

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habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma

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pauperis.
The application attacks a conviction (Parole Revocation Extension Hearing)

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issued by the Santa Rita Facility in Dublin, California. A review of the application indicates that

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petitioner may have been originally sentenced in Santa Clara County, and does not reveal any

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contacts with the Eastern District of California, even himself. Accordingly, it appears that this

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court lacks jurisdiction over the petition. Cf. 28 U.S.C. § 2241(d) (districts in which petitioner is

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in custody and in which petitioner was sentenced exercise concurrent jurisdiction over habeas

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petition filed by state prisoner).

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In addition, any and all witnesses and evidence necessary for the resolution of

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petitioner’s application are more readily available in Alameda County.

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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

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pauperis; and
2. This matter is transferred to the United States District Court for the Northern

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District of California.

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DATED: February 6, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:rb
mays0104.108

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