(HC)Chubbuck v. Yates Doc.

Case 2:05-cv-02640-GEB-KJM Document 4 Filed 01/10/2006 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 DAVID THEODORE CHUBBUCK,

11 Petitioner, No. CIV S-05-2640 GEB KJM P

12 vs.

13 YATES, Warden, et al.,

14 Respondents. ORDER

15 /

16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

17 habeas corpus under 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.

18 This court will not rule on petitioner's request to proceed in forma pauperis.

19 Petitioner is incarcerated in Fresno County, an area covered by the Fresno

20 Division of this court, and was convicted in Monterey County. Monterey County is in an area

21 embraced by the United States District Court for the Northern District of California.

22 As provided by 28 U.S.C § 2241(d), courts in both the district of conviction and

23 the district of confinement have concurrent jurisdiction over applications for habeas corpus filed

24 by state prisoners. Because petitioner was not convicted in this district, and is not presently

25 confined in the Sacramento division of this district, it is not appropriate for this court to entertain

26 the application.

Dockets.Justia.com
 Case 2:05-cv-02640-GEB-KJM Document 4 Filed 01/10/2006 Page 2 of 2

1 Accordingly, IT IS HEREBY ORDERED that:

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

3 and

4 2. This matter is transferred to the United States District Court for the Northern

5 District of California. 28 U.S.C. § 2241(d); 28 U.S.C. § 1406(a).

6 DATED: January 9, 2006.

7
______________________________________
8 UNITED STATES MAGISTRATE JUDGE
9

10

11

12

13 /mp
chub2640.108b
14

15

16

17

18

19

20

21

22

23

24

25

26