Shoemaker v. Hill

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/05/12 ordering 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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JEDIDIAH AUSTION SHOEMAKER,

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Petitioner,

No. 2:12-cv-2238 CKD P

Respondent.

ORDER

vs.

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R. HILL,

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. The application attacks a conviction issued by the

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Contra Costa County Superior Court. While both this court and the United States District Court

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in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial

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Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the

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resolution of petitioner’s application are more readily available in Contra Costa County. Id. at

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499 n.15; 28 U.S.C. § 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 Northern District of California.

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Dated: September 5, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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