Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Patrick Otis Nelson v. Gary Swarthout

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 18, 2011

PATRICK OTIS NELSON, PETITIONER,
v.
GARY SWARTHOUT, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915. However, petitioner has commenced this action in the wrong district.

Petitioner was convicted in the Humboldt County Superior Court, but is confined at California State Prison, Solano. Although this court and the United States District Court in the district where petitioner was convicted both have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499-500 (1973), witnesses and evidence necessary for the resolution of petitioner's application are more readily available in the county of conviction, Id. at 499 n. 15; 28 U.S.C. § 2241(d).

Therefore, the court takes no action on petitioner's application to proceed in forma pauperis, and transfers this action to the United States District Court for the Northern District of California. 28 U.S.C. §1404(a).

Accordingly, it is ORDERED that this action is transferred to the United States District Court for the Northern District of California.

20110118

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.