Edward Montgomery v. San Bernardino Superior Court et al

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/12/2016 ORDERING that this matter is TRANSFERRED to the USDC for the Central District of California. CASE CLOSED. (Zignago, K.) [Transferred from California Eastern on 1/13/2016.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD MONTGOMERY,

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Petitioner,

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No. 2:16-cv-0011 GGH P

v.

ORDER

SAN BERNARDINO SUPERIOR
COURT, et al.,
Respondent.

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

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corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or filed an application

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to proceed in forma paupers.

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The application attacks a conviction issued by the San Bernardino Superior Court. While

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both this court and the United States District Court in the district where petitioner was convicted

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have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all

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witnesses and evidence necessary for the resolution of petitioner’s application are more readily

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available in San Bernardino County. Id. at 499 n.15; 28 U.S.C. § 2241(d).

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Central District of California.

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Dated: January 12, 2016

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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/kly
mont0011.108

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