Free Order - District Court of California - California

Case 3:08-cv-03549-WHA

Document 5

Filed 07/18/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D.K. SISTO, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. The application attacks a conviction issued by the Superior Court of the State of California in the County of Alameda. While both this Court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner's application are more readily available in Alameda County. Id. at 499 n.15; 28 U.S.C. § 2241(d). ///// 1 ORDER JOSEPH ANTHONY STAFFORD, Petitioner, No. CIV S-08-1417 CMK P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Case 3:08-cv-03549-WHA

Document 5

Filed 07/18/2008

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 1. This court has not ruled on petitioner's application to proceed in forma pauperis; and 2. This matter is transferred to the United States District Court for the Northern District of California.

DATED: July 17, 2008 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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