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Wells v. U.S. District Court

United States District Court, E.D. California
Dec 15, 2010
No. CIV S-10-3315 EFB P (E.D. Cal. Dec. 15, 2010)

Opinion

No. CIV S-10-3315 EFB P.

December 15, 2010


ORDER


Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. However, petitioner has commenced this action in the wrong district.

Petitioner is incarcerated in Kern County and was convicted in Los Angeles County. Pursuant to 28 U.S.C. § 2241(d), courts in both the district of conviction and the district of confinement have concurrent jurisdiction over applications for habeas corpus filed by state prisoners. However, witnesses and evidence necessary for the resolution of petitioner's application are more readily available in the county of conviction. Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499 n. 15 (1973); 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: December 15, 2010.


Summaries of

Wells v. U.S. District Court

United States District Court, E.D. California
Dec 15, 2010
No. CIV S-10-3315 EFB P (E.D. Cal. Dec. 15, 2010)
Case details for

Wells v. U.S. District Court

Case Details

Full title:GREGORY WELLS, Petitioner, v. U.S. DISTRICT COURT, Respondent

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

Date published: Dec 15, 2010

Citations

No. CIV S-10-3315 EFB P (E.D. Cal. Dec. 15, 2010)