Beall v. State of Nevada

Full title: RONALD WAYNE BEALL, Petitioner, v. STATE OF NEVADA, Respondent

Court: United States District Court, E.D. California

Date published: Feb 8, 2011

No. CIV S-11-0272 EFB P (E.D. Cal. Feb. 8, 2011)

Opinion

No. CIV S-11-0272 EFB P.

February 8, 2011

ORDER

EDMUND BRENNAN, Magistrate Judge

Petitioner is a Nevada state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915. However, petitioner has commenced this action in the wrong district.

Petitioner was challenges a conviction entered in the Second Judicial District Court of the State of Nevada and is currently confined in Nevada. Because witnesses and evidence necessary for the resolution of petitioner's application are more readily available in the place of conviction, the court finds that this case should be transferred to the United States District Court for the District of Nevada. 28 U.S.C. § 1404(a); see also id. § 2241(d).

Therefore, the court takes no action on petitioner's application to proceed in forma pauperis, and transfers this action to the United States District Court for the District of Nevada.

Accordingly, it is ORDERED that this action is transferred to the Reno Division of the United States District Court for the District of Nevada.

DATED: February 8, 2011.