Sanchez v. Grounds

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/2011 ORDERING that this action is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTO SANCHEZ, Petitioner, 11 vs. 12 13 No. CIV S-11-1430 EFB P RANDY GROUNDS, Respondent. 14 ORDER / 15 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 16 17 U.S.C. § 2254. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915. However, 18 petitioner has commenced this action in the wrong district. 19 The petition concerns the denial of parole. Petitioner is incarcerated in Monterey 20 County. Although this court and the United States District Court in the district where petitioner 21 was convicted both have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 22 499-500 (1973), witnesses and evidence necessary for the resolution of petitioner’s application 23 are more readily available in the county of incarceration, Id. at 499 n. 15; 28 U.S.C. § 2241(d). 24 //// 25 //// 26 //// 1 1 Therefore, the court takes no action on petitioner’s application to proceed in forma 2 pauperis, and transfers this action to the United States District Court for the Northern District of 3 California. 28 U.S.C. §§ 84(a); 1404(a). 4 Accordingly, it is ORDERED that this action is transferred to the United States District 5 Court for the Northern District of California. 6 DATED: June 3, 2011. 7 8 9 10 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?