Rice v. CDCR

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/30/15 CASE TRANSFERRED to the U.S. District Court for the Central District of California. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC D. RICE,

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Petitioner,

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No. 2:15-cv-0431 CKD P

v.

ORDER

CDCR,

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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 Los

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Angeles Superior Court. While both the district court within the district of confinement and

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conviction have jurisdiction over a § 2254 petition, see Braden v. 30th Judicial Circuit Court, 410

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

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are more readily available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 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 Central District of California.

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Dated: March 30, 2015

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/kly
rice0431.108