Eric Dwight Rice v. Buenavides

Case 2:22-cv-02080-JFW-DFM Document 5 Filed 03/29/22 Page 1 of 2 Page ID #:20 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ERIC DWIGHT RICE, No. 2:22-cv-0497 CKD P 12 Petitioner, 13 v. ORDER BUENAVIDES, Warden, 15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or submitted a request to proceed in forma pauperis.

20 The application attacks a conviction issued by the Los Angeles Superior Court. While both this court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s application are more readily available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d).

25 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 26 1. This court has not ruled on petitioner’s motion for counsel (ECF No. 2) and motion for 27 resentencing (ECF No. 4); and //// Case 2:22-cv-02080-JFW-DFM Document5 Filed 03/29/22 Page 2of2 Page ID#:21 1 2. This matter is transferred to the United States District Court for the Central District of || California.

3 | Dated: March 29, 2022 Cad □ ht fa he 4 CAROLYN DELANEY SS 5 UNITED STATES MAGISTRATE JUDGE || 12/rice0497.108.docx