Olivas v. Cate
Filing
6
ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/11 TRANSFERRING CASE to Northern District of California. (Meuleman, A)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
PEDRO JOAQUIN OLIVAS,
Petitioner,
11
12
13
14
vs.
MATTHEW CATE,
Respondent.
ORDER
/
15
16
No. 2:11-cv-1420 KJN P
Petitioner, a state prisoner proceeding without counsel, has filed an application for
17
a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a motion for stay and
18
abeyance under Rhines v. Weber, 544 U.S. 269 (2005).
19
The application attacks a conviction issued by the San Mateo County Superior
20
Court. While both this Court and the United States District Court in the district where petitioner
21
was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973),
22
any and all witnesses and evidence necessary for the resolution of petitioner’s application are
23
more readily available in San Mateo County. Id. at 499 n.15; 28 U.S.C. § 2241(d).
24
Finally, although the court provided petitioner with an application to proceed in
25
forma pauperis, petitioner has failed to file an application to proceed in forma pauperis or pay the
26
court’s filing fee.
1
1
Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:
2
1. Petitioner has not filed an application to proceed in forma pauperis or paid the
3
court’s filing fee; and
2. This matter is transferred to the United States District Court for the Northern
4
5
District of California.
6
DATED: June 24, 2011
7
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
8
9
10
oliv1420.108
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
