(HC) Mills v. CA Dept. of Corrections & Rehabilitation ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH W. MILLS, No. 2:19-cv-01831 GGH P 12 Petitioner, 13 v. ORDER 14 CA DEPT. OF CORRECTIONS & REHABILITATION, 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 To the extent the petition can be understood, the application attacks, in part, a conviction 21 issued by the Superior Court of Los Angeles County. See ECF No. 1 at 3 ¶6. While both this 22 court and the United States District Court in the district where petitioner was convicted have 23 jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses 24 and evidence necessary for the resolution of petitioner’s application are more readily available in 25 Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 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 Central 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