Franklin v. Dickinson

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/17/12 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, 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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ROBERT DUANE FRANKLIN,
Petitioner,

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vs.

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No. 2:11-cv-2498 MCE CKD P

KATHLEEN L. DICKINSON,
Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed a second amended

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The second amended

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application, filed August 13, 2012, attacks a conviction issued by the Superior Court of Los

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Angeles County. 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 Los Angeles 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 this

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matter is transferred to the United States District Court for the Central District of California.
Dated: August 17, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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