IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 27, 2010
TAHEE ABD' RASHEED AKA JAMES SMITH, PETITIONER,
J. WALKER, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Petitioner, a state prisoner proceeding pro se, has filed a document entitled "28 U.S.C. § 1651(a) (All Writs Act....)", which the court will liberally construe as an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.*fn1 Petitioner has not filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a).
Petitioner's filing is somewhat difficult to unravel. Petitioner claims to be falsely imprisoned in violation of Cal. Penal Code §§ 1382, 1182, 1170.12 A-D and the Sixth and Fourteenth Amendments. Petition, p. 1. Within his petition, he appears to be challenging the same San Mateo County conviction that he has, apparently successively, been attacking since at least 2004. The court takes judicial notice*fn2 of two Fresno Division cases, Case No. CIV-S-04-5352 AWI DLB and Case No. CIV-06-1040 AWI SMS, both of which were transferred to Northern District which encompasses the San Mateo County Superior Court.
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 San Mateo County. Id. at 499 n.15; 28 U.S.C. § 2241(d).*fn3
Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:
1. Petitioner's application to proceed in forma pauperis has not been filed; and
2. This matter is transferred to the United States District Court for the Northern District of California.