(HC) Munoz v. Covello ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIAS IVAN MUNOZ, No. 2:21-cv-1138 AC P 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 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, together with a request to proceed in forma pauperis. 19 The application attacks a conviction issued by the Los Angeles County Superior Court. 20 While both this court and the United States District Court in the district where petitioner was 21 convicted have jurisdiction, any and all witnesses and evidence necessary for the resolution of 22 petitioner’s application are more readily available in Los Angeles County. Braden v. 30th 23 Judicial Circuit Court, 410 U.S. 484, 499 n.15 (1973); 28 U.S.C. § 2241(d). 24 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 25 1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and 26 //// 27 //// 28 //// ] 2. This matter is transferred to the United States District Court for the Central District of 2 || California. 3 | DATED: June 30, 2021 ~ 4 AMhan—lChne ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28