Josh Olivas v. State of Texas, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSH OLIVAS, No. 2:25-cv-3263 CKD P 12 Petitioner, 13 v. ORDER 14 STATE OF TEXAS, et al., 15 Respondent. 16 17 Petitioner is a pretrial detainee in Taylor County, Texas. While not entirely clear, it 18 appears he challenges his confinement and pretrial proceedings. Therefore, the court construes 19 petitioner’s pleading as an application for a writ of habeas corpus.1 Pursuant to 28 U.S.C § 20 2241(d), courts in both the district of conviction and the district of confinement have concurrent 21 jurisdiction over applications for habeas corpus filed by state prisoners. Petitioner was neither 22 convicted in, nor is confined in California. Since it does not appear petitioner has been convicted, 23 the only appropriate forum for his petition is in Texas. Taylor County, Texas lies within the 24 jurisdiction of the United State District Court for the Northern District of Texas. 25 ///// 26

27 1 When a state prisoner challenges the legality of his custody…