(HC) Rice v. Buenavides ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC DWIGHT RICE, No. 2:22-cv-0497 CKD P 12 Petitioner, 13 v. ORDER 14 BUENAVIDES, Warden, 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 paid the filing fee or submitted a request 19 to proceed in forma pauperis. 20 The application attacks a conviction issued by the Los Angeles Superior Court. While 21 both this court and the United States District Court in the district where petitioner was convicted 22 have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all 23 witnesses and evidence necessary for the resolution of petitioner’s application are more readily 24 available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 25 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 26 1. This court has not ruled on petitioner’s motion for counsel (ECF No. 2) and motion for 27 resentencing (ECF No. 4); and 28 //// ] 2. This matter is transferred to the United States District Court for the Central District of 2 || California. 3 | Dated: March 29, 2022 Card Kt | / ye □□□ 4 CAROLYNK.DELANEY 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 | 12/1ce0497.108.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28