Williams v. Schwarzenegger

Full title: TEDDY S. WILLIAMS, Petitioner, v. ARNOLD SCHWARZENEGGER, et al.…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 19, 2007

CIV S-07-0006 WBS KJM P (E.D. Cal. Jan. 19, 2007)

Opinion

TEDDY S. WILLIAMS, Petitioner, v. ARNOLD SCHWARZENEGGER, et al., Respondents. No. CIV S-07-0006 WBS KJM P United States District Court, E.D. California. January 19, 2007

          ORDER

          KIMBERLY J. MUELLER, Magistrate Judge.

         Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. This court will not rule on petitioner's request to proceed in forma pauperis.

         Petitioner is incarcerated and was convicted in Santa Barbara County. Santa Barbara County is in an area embraced by the United States District Court for the Central District of California.

         Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of confinement have concurrent jurisdiction over applications for habeas corpus filed by state prisoners. Because petitioner was not convicted in this district, and is not presently confined here, this court does not have jurisdiction to entertain the application.

         Accordingly, IT IS HEREBY ORDERED that:

         1. This court has not ruled on petitioner's request to proceed in forma pauperis;

         2. This matter is transferred to the United States District Court for the Central District of California. 28 U.S.C. § 2241(d); 28 U.S.C. § 1406(a).