Martinez v. Schwartz

Filing 4

ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/26/06. This action is TRANSFERRED to USDC - Central District of CA. Original 1 Petition for Writ of Habeas Corpus, certified copy of transfer order, and docket sheet sent. CASE CLOSED (Marciel, M)

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(HC) Martinez v. Schwartz Doc. 4 Case 2:06-cv-01625-MCE-KJM Document 4 Filed 07/27/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA PEDR O CRUZ MARTINEZ, Petitioner, vs. T. SCHWARTZ, Warden, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus under 28 U.S.C. 2254. The application attacks a conviction issued by the Los Angeles County Superior Court. While both this Court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner's application are more readily available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. 2241(d). ///// ///// ///// ORDER No. CIV S-06-1625 MCE KJM P Case 2:06-cv-01625-MCE-KJM Document 4 Filed 07/27/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1/mp mart1625.108 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. DATED: July 26, 2006. ______________________________________ UNITED STATES MAGISTRATE JUDGE 2

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