Wyatt v. Harris

Filing 3

ORDERsigned by Magistrate Judge Edmund F. Brennan on 07/01/13 ordering CASE TRANSFERRED to the U.S. District Court for the Central 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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ALBERT LOUIS WYATT,
Petitioner,

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vs.

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JEFFREY BEARD, 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. See 28

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No. 2:13-cv-1280 EFB P

U.S.C. § 2254. 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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CSP Solano. Although this court and the United States District Court in the district where

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petitioner was convicted both have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410

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U.S. 484, 499-500 (1973), witnesses and evidence necessary for the resolution of petitioner’s

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application are more readily available in the county of conviction, id. at 499 n. 15; 28 U.S.C.

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§ 2241(d). Therefore, the court will transfer this action to the United States District Court for the

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Central District of 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: July 1, 2013.

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