Jorge Armando Herrera Salguero v. The People of the State of California

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/17/2017 ORDERING this matter is TRANSFERRED to the USDC for the Central Disctrict of California, Eastern Division. CASE CLOSED. (Yin, K) [Transferred from California Eastern on 1/17/2017.]

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10
11

JORGE ARMANDO HERRERA
SALGUERO,
Petitioner,

12
13
14

No. 2:16-cv-2949-EFB P

ORDER
v.
THE PEOPLE OF THE STATE OF
CALIFORNIA,

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. He is incarcerated at High Desert State Prison, in Lassen County, which lies in

19

this district. However, petitioner attacks a conviction imposed by the Riverside County Superior

20

Court, which lies in the United States District Court for the Central District of California. While

21

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

22

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

23

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

24

available in the county of conviction. Id. at 499 n.15; 28 U.S.C. § 2241(d).

25

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

26

transferred to the Eastern Division of the United States District Court for the Central District of

27

California.

28

DATED: January 17, 2017.