Roy Garcia v. D. Baughman

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/1/2017 CASE TRANSFERRED to Central District of California. (Washington, S) [Transferred from California Eastern on 5/2/2017.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROY GARCIA,

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Petitioner,

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No. 2:17-cv-0883 GGH P

v.

ORDER

D. BAUGHMAN,

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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 fee or submitted a request to

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proceed in forma pauperis.
The application attacks a conviction issued by the Riverside County Superior Court.

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Although the claim appears at first blush to reference an error of CDCR in implementing the

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judgment, the claim actually asserts that an error occurred in the sentencing process. While both

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

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

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

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Riverside 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: May 1, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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Garcia.883.tfr.CDCA

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