Opinion
No. CIV S-07-1471 GEB EFB P.
September 20, 2007
ORDER
Petitioner is a 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 has submitted his petition on a form for a proceeding brought under 28 U.S.C. § 2255, which is the form used to vacate, set aside, or correct a sentence by a person in federal custody. Petitioner is in custody in a state prison and will need to refile his petition on the correct form for filing a petition under 28 U.S.C. § 2254.
Petitioner was convicted in the Los Angeles County Superior Court, but is confined in Pelican Bay State Prison. Although both the United States District Courts for the Central and Northern Districts of California 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 takes no action on petitioner's application to proceed in forma pauperis, and transfers this action to the Western Division of the United States District Court for the Central District of California. 28 U.S.C. §§ 84(c)(2); 1404(a).
So Ordered.