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McIntyre v. Hartley

United States District Court, E.D. California
May 10, 2011
No. CIV S-11-1131 DAD (TEMP) P (E.D. Cal. May. 10, 2011)

Opinion

No. CIV S-11-1131 DAD (TEMP) P.

May 10, 2011


ORDER


Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.

The application for habeas relief attacks a judgment of conviction entered by the Los Angeles Superior Court. While both this Court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner's application are more readily available in Los Angeles County. Id. at 499 n. 15; 28 U.S.C. § 2241(d).

Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

1. This court will not rule on petitioner's application to proceed in forma pauperis; and

2. This matter is transferred to the United States District Court for the Central District of California.

DATED: May 9, 2011.


Summaries of

McIntyre v. Hartley

United States District Court, E.D. California
May 10, 2011
No. CIV S-11-1131 DAD (TEMP) P (E.D. Cal. May. 10, 2011)
Case details for

McIntyre v. Hartley

Case Details

Full title:D. S. McINTYRE, Petitioner, v. JAMES D. HARTLEY, Respondent

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

Date published: May 10, 2011

Citations

No. CIV S-11-1131 DAD (TEMP) P (E.D. Cal. May. 10, 2011)