(HC) Bush v. Johnson ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE R. BUSH, No. 2:23-cv-1179 KJN P 12 Petitioner, 13 v. ORDER 14 TRACEY JOHNSON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, 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 Petitioner also filed motions requesting the appointment of counsel and an evidentiary hearing. 20 (ECF Nos. 3-4) 21 The application attacks a conviction issued by the Los Angeles County Superior Court. 22 While both this court and the United States District Court in the district where petitioner was 23 convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any 24 and all witnesses and evidence necessary for the resolution of petitioner’s application are more 25 readily available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 26 //// 27 //// 28 //// ] Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 2 1. This court has not ruled on petitioner’s application to proceed in forma pauperis or his 3 || pending motions; and 4 2. This matter is transferred to the United States District Court for the Central District of 5 || California. 6 || Dated: June 26, 2023 Foci) Aharon 8 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE ° foush1 179.108 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28