Jason Wade McCrae v. Heidi Lackner

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 8/23/2017 ORDERING this matter is TRANSFERRED to the USDC for the Central District of California. CASE CLOSED.(Yin, K) [Transferred from California Eastern on 8/24/2017.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON WADE McCRAE,

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Petitioner,

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No. 2:16-CV-2617-CMK-P

vs.

ORDER

HEIDI LACKNER,

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Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. The petition challenges a conviction and/or

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sentence issued by the Orange County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in

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both the district of conviction and the district of confinement have concurrent jurisdiction over

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applications for habeas corpus filed by state prisoners. See Braden v. 30th Judicial Circuit Court,

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410 U.S. 484 (1973). Because any and all witnesses and evidence necessary for the resolution of

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petitioner's application are more readily available in Orange County, which is within the

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boundaries of the United States District Court for the Central District of California, this matter

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should be transferred to that court. See id. at 499 n.15.

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the Central District of California.

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DATED: August 23, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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