Gutierrez Ramirez v. Unknown

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 12/29/2014 TRANSFERRING this matter to the USDC for the Central District of California. CASE CLOSED.(Yin, K) Modified on 12/30/2014 (Yin, K).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NOE GABRIEL GUTIERREZ RAMIREZ,

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Petitioner,

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No. 2:14-cv-2934 KJN P

v.

ORDER

UNKNOWN,

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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. Petitioner has not filed an application to proceed in forma

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pauperis or paid the filing fee.
Petitioner is presently incarcerated at the Correctional Training Facility in Monterey

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County. He is serving a sentence for a conviction rendered by the Los Angeles County Superior

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Court.
The general rule with regard to habeas applications is that both the United States District

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Court in the district where petitioner was convicted and the District Court where petitioner is

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incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit Court, 410 U.S.

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484 (1973). In the instant case, petitioner's conviction occurred in an area covered by the District

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Court for the Central District of California.

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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 Central District of California. Id. at 499

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n.15; 28 U.S.C. § 2241(d).

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Dated: December 29, 2014

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rami2934.108a

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