Kwark v. Rackley

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/28/15 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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ROYCE SUNG KWARK,

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No. 2:15-cv-1085 CKD P

Petitioner,

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v.

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RON RACKLEY,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
The application attacks a conviction issued by the Superior Court of California, County of

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Los Angeles. While both this court and the United States District Court in the district where

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

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484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s

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application are more readily available in Los Angeles 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 Central District of California.

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Dated: May 28, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly
kwar1085.108

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