Duong v. Swarthout

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/11: Petitioner has not filed an application to proceed in forma pauperis or paid the court' s filing fee. CASE TRANSFERRED to the United States District Court for the Northern District of California. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RACHANA DUONG,
Petitioner,

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vs.

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No. 2:11-cv-3117 KJN P

G. SWARTHOUT,
Respondent.

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/

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

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ORDER

a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The application attacks a conviction issued by the Santa Clara County Superior

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

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was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973),

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any and all witnesses and evidence necessary for the resolution of petitioner’s application are

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more readily available in Santa Clara County. Id. at 499 n.15; 28 U.S.C. § 2241(d).

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

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1. Petitioner has not filed an application to proceed in forma pauperis or paid the

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court’s filing fee; and

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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: December 23, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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duon3117.108

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