Cody Aaron Rosbrugh v. Joe Lizarraga

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/13/16 ORDERING that this case is TRANSFERRED to the Eastern Division of the United States District Court for the Central District of California. (Dillon, M)[Transferred from California Eastern on 10/14/2016.]

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CODY AARON ROSBRUGH, 12 13 14 No. 2:16-cv-2383-EFB P Petitioner, v. ORDER JOE LIZARRAGA, Warden, 15 Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254.1 He is incarcerated at Mule Creek State Prison, in Amador County, which lies 19 in this district. However, petitioner attacks a conviction imposed by the San Bernardino County 20 Superior Court, which lies in the United States District Court for the Central District of 21 California. While both this court and the United States District Court in the district where 22 petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 23 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s 24 application are more readily available in the county of conviction. Id. at 499 n.15; 28 U.S.C. 25 § 2241(d). 26 27 28 1 Petitioner initially filed his petition in the United States Court of Appeals for the Ninth Circuit. ECF No. 1. The Court of Appeals transferred the petition to this court pursuant to Rule 22(a) of the Federal Rules of Appellate Procedure. Id. 1 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 transferred to the Eastern Division of the United States District Court for the Central District of 3 California. 4 DATED: October 13, 2016. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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