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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TERRY L. HADDIX, JR.,
Petitioner,
No. CIV S-06-2218 LKK DAD P
vs.
C. SCAVETTA, et al.,
Respondents.
ORDER
/
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, nor on
petitioner’s request for the appointment of counsel.
Petitioner is incarcerated in Pelican Bay State Prison and was convicted in Del
Norte County, areas within the boundaries of the United States District Court for the Northern
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. Here, because petitioner was not convicted in this district, and is not presently
confined here, this court does not have jurisdiction to entertain the application.
Case 2:06-cv-02218-LKK-DAD Document 5 Filed 10/19/2006 Page 1 of 2
(HC) Haddix v. Scavetta et al
Doc. 5
Dockets.Justia.com
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Accordingly, IT IS HEREBY ORDERED that:
1. This court has not ruled on petitioner's request to proceed in forma pauperis;
2. This court has not ruled on petitioner’s request for the appointment of counsel;
and
3. This matter is transferred to the United States District Court for the Northern
District of California. 28 U.S.C. § 2241(d); 28 U.S.C. § 1406(a).
DATED: October 18, 2006.
DAD:bb
hadd2218.108
Case 2:06-cv-02218-LKK-DAD Document 5 Filed 10/19/2006 Page 2 of 2