Jennings v. Martell

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/14/10 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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 vs. M. MARTELL, Respondent. / Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. However, petitioner has commenced this action in the wrong district. Petitioner was convicted in the Santa Clara County Superior Court, but is confined in Ione, California. Although this court and the United States District Court in the district where petitioner was convicted both have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499-500 (1973), witnesses and evidence necessary for the resolution of petitioner's application are more readily available in the county of conviction, id. at 499 n. 15; 28 U.S.C. § 2241(d). //// //// ////
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MATTHEW G. JENNINGS, Petitioner, No. CIV S-09-3438 MCE EFB P

ORDER

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Therefore, the court transfers this action to the United States District Court for the Northern District of California. 28 U.S.C. §§ 84(a); 1404(a). Accordingly, it is ORDERED that this action is transferred to the Northern District of California. DATED: January 14, 2010.

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