Smith v. Foulk

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 1/27/16 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JORDAN SMITH,

12

Petitioner,

13
14

No. 2:16-cv-0127 AC P

v.

ORDER

F. FOULK, Warden,

15

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. Petitioner has not paid the filing fee or submitted a request

19

to proceed in forma pauperis.
The application attacks a conviction issued by the Contra Costa County Superior Court.

20
21

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

22

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

23

and all witnesses and evidence necessary for the resolution of petitioner’s application are more

24

readily available in Contra Costa County. Id. at 499 n.15; 28 U.S.C. § 2241(d).

25

////

26

////

27

////

28

////
1

1

Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

2

transferred to the United States District Court for the Northern District of California.

3

DATED: January 27, 2016

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2