Wilson v. Evans

Full title: WILLIE CURTIS WILSON, Petitioner, v. M.S. EVANS, Respondent

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

Date published: Sep 17, 2007

No. CIV S-07-1808 LEW DAD P (E.D. Cal. Sep. 17, 2007)

Opinion

No. CIV S-07-1808 LEW DAD P.

September 17, 2007

ORDER

DALE 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.

Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a).

Petitioner is presently incarcerated at Salinas Valley State Prison in Monterey County. Petitioner is challenging a Security Housing Unit Term he received for possession of an inmate-manufactured weapon. It is not clear from petitioner's application whether the challenged prison disciplinary proceedings took place at Salinas Valley State Prison or elsewhere. To determine whether venue is proper in this division of the Eastern District of California, the court will order petitioner to file a declaration stating where the underlying incident and prison disciplinary proceedings took place.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's application to proceed in forma pauperis is granted;

2. Petitioner shall file a declaration within 20 days stating where the underlying incident and prison disciplinary proceedings took place.