- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS D. WASHINGTON, No. 2:19-cv-01783 GGH P 12 Petitioner, 13 v. ORDER 14 RALPH DIAZ, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis 19 affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). 20 The application attacks a conviction issued by the San Mateo Superior Court. While both 21 this court and the United States District Court in the district where petitioner was convicted have 22 jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses 23 and evidence necessary for the resolution of petitioner’s application are more readily available in 24 San Mateo County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 25 //// 26 //// 27 //// 28 //// 1 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 transferred to the United States District Court for the Northern District of California. 3 Dated: September 17, 2019 /s/ Gregory G. Hollows 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 2:19-cv-01783
Filed Date: 9/17/2019
Precedential Status: Precedential
Modified Date: 6/19/2024