Hall v. Virga

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/2013 ORDERING that this acion is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MONTRELL HALL,
Petitioner,

T. VIRGA,

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/

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28

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ORDER

vs.

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No. 2:13-cv-1035 EFB P

Respondent.

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U.S.C. § 2254. However, petitioner has commenced this action in the wrong district.

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Petitioner was convicted in the Contra Costa County Superior Court, but is confined at

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

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the 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). Therefore, the court transfers this action to the United States

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District Court for the Northern District of California. 28 U.S.C. §§ 84(a); 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 Northern District of California.

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Dated: June 3, 2013.

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