Peterson v. People of the State of California

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 05/09/11 ordering this court has not ruled on petitioner's application to proceed in forma pauperis. CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUTHER PETERSON, JR.,
Petitioner,

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vs.

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No. 2:11-cv-1168 KJN P

PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.

ORDER

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/
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Petitioner, a state prisoner proceeding without counsel, has filed an application for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma

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pauperis.
The application attacks a conviction issued by the Superior Court of San

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Francisco. While both this Court and the United States District Court in the district where

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petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S.

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484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s

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application are more readily available in San Francisco County. Id. at 499 n.15; 28 U.S.C.

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§ 2241(d).

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s application to proceed in forma

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pauperis; and
2. This matter is transferred to the United States District Court for the Northern

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District of California.

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DATED: May 9, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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pete1168.108

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