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Stacey Wells v. State of California

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


March 15, 2011

STACEY WELLS, PETITIONER,
v.
STATE OF CALIFORNIA, RESPONDENTS.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. Petitioner has not paid the filing fee or filed an application to proceed in forma pauperis. See 28 U.S.C. § 1915. Petitioner has commenced this action in the wrong district.

Petitioner was convicted in the Los Angeles Superior Court, but is confined in Solano County. 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 transfers this action to the United States District Court for the Central District of California. 28 U.S.C. §§ 84; 1404(a).

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

20110315

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