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Gregory M. Mckee v. Unknown

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


May 10, 2013

GREGORY M. MCKEE, PETITIONER,
v.
UNKNOWN, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 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.

In a habeas action, venue is proper in either the district of confinement or the district of conviction. 28 U.S.C. 2241(d). Petitioner was convicted in Los Angeles County and is also incarcerated in Los Angeles County. Dckt. No. 1 at 2. Thus, the Eastern District is not a proper venue for this action. Since this action should have been commenced in the United States District Court for the Central District of California , the court will transfer this action to that district. See 28 U.S.C. §§ 84(c), 1404(a). The court declines to take action on petitioner's application to proceed in forma pauperis.

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

20130510

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