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McMillan v. Rackley

United States District Court, Ninth Circuit, California, E.D. California
Mar 1, 2015
2:15-cv-0404 DAD P (E.D. Cal. Mar. 1, 2015)

Opinion


EDWIN McMILLAN, Petitioner, v. RONALD RACKLEY, Respondent. No. 2:15-cv-0404 DAD P United States District Court, E.D. California. March 1, 2015

          ORDER

          DALE A. DROZD, Magistrate Judge.

         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 relief pending before this court attacks a judgment of conviction issued by the Ventura County 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 Ventura 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 has not ruled 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.


Summaries of

McMillan v. Rackley

United States District Court, Ninth Circuit, California, E.D. California
Mar 1, 2015
2:15-cv-0404 DAD P (E.D. Cal. Mar. 1, 2015)
Case details for

McMillan v. Rackley

Case Details

Full title:EDWIN McMILLAN, Petitioner, v. RONALD RACKLEY, Respondent.

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

Date published: Mar 1, 2015

Citations

2:15-cv-0404 DAD P (E.D. Cal. Mar. 1, 2015)