Moffitt v. CSP - Sacramento

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 4/3/15 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN MOFFITT,

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Petitioner,

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No. 2:15-cv-0159 AC P

v.

ORDER

CSP-SACRAMENTO,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a First Amended Petition for writ

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of habeas corpus pursuant to 28 U.S.C. § 2254, together with requests to proceed in forma

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pauperis and for appointment of counsel.
The petition appears to attack a conviction issued by the San Bernardino County Superior

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Court in Victorville. While both this court and the United States District Court in the district

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where petitioner was convicted (the Central District of California) have jurisdiction, see Braden v.

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30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary

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for the resolution of the petition are more readily available in San Bernardino County. Id. at 499

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n.15; 28 U.S.C. § 2241(d).

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s requests to proceed in forma pauperis or for

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appointment of counsel; and
2. This matter is transferred to the United States District Court for the Central District of

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California.

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DATED: April 3, 2015

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