LAU v. STATE

Full title: HON LAU, Petitioner, v. STATE OF CALIFORNIA, Respondent

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

Date published: Jan 12, 2011

No. CIV S-10-3189 EFB P (E.D. Cal. Jan. 12, 2011)

Opinion

No. CIV S-10-3189 EFB P.

January 12, 2011

ORDER

EDMUND BRENNAN, Magistrate Judge

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He proceeds in forma pauperis. See 28 U.S.C. § 1915.

Petitioner was convicted in the Los Angeles County Superior Court, but is confined in Kern County. See Am. Pet (Dckt. No. 6). Although this district and the United States District Court in the district where petitioner was convicted both have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499-500 (1973), witnesses and evidence necessary for the resolution of petitioner's application are more readily available in the county of conviction, id. at 499 n. 15; 28 U.S.C. § 2241(d).

Therefore, the court transfers this action to the United States District Court for the Central District of California. 28 U.S.C. §§ 84(c)(2); 1404(a).

Accordingly, it is ORDERED that this action is transferred to the United States District Court for the Central District of California.

DATED: January 11, 2011.