Jackson v. Cate, et al.

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/3/13 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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DONALD R. JACKSON,

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Petitioner,
vs.

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No. 2:12-cv-3070 EFB P

MATTHEW CATE, et al.,
Respondents.

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ORDER
/

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915.

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However, petitioner has commenced this action in the wrong district.

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Petitioner was convicted in the Los Angeles County Superior Court, but is confined at

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California State Prison Solano. Although this court and the United States District Court in the

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

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Circuit Court, 410 U.S. 484, 499-500 (1973), witnesses and evidence necessary for the

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resolution of petitioner’s application are more readily available in the county of conviction, id. at

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499 n. 15; 28 U.S.C. § 2241(d).

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Therefore, the court takes no action on petitioner’s application to proceed in forma

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pauperis, and transfers this action to the United States District Court for the Central District of

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California. 28 U.S.C. §§ 84(c); 1404(a).

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Accordingly, it is ORDERED that this action is transferred to the United States District

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Court for the Central District of California.

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Dated: January 3, 2013.

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