Tovar v. State of California

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/8/2014 TRANSFERRING this matter to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESUS TOVAR,

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Petitioner,

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No. 2:14-cv-1120 CKD P

v.

ORDER

THE STATE OF CALIFORNIA,

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Respondent.

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

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

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Court of Alameda County. While both this court and the United States District Court in the

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

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

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petitioner’s application are more readily available in Alameda County. Id. at 499 n.15; 28 U.S.C.

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§ 2241(d).

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Northern District of California.

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Dated: May 8, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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tova1120.108

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