Russell v. Peery

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/8/15 ORDERING that this case is TRANSFERRED to the Northern 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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ROBERT G. RUSSELL,

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No. 2:15-cv-1210-EFB P

Petitioner,
v.

ORDER

S. PEERY,

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Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. Petitioner challenges a 2011 conviction and sentence imposed by the Santa

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Cruz County Superior Court. Petitioner is currently confined to High Desert State Prison in

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Lassen County.

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Pursuant to 28 U.S.C § 2241(d), courts in both the district of confinement and the district

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of conviction have concurrent jurisdiction over applications for habeas corpus filed by state

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prisoners. In this case, it appears that witnesses and evidence necessary for the resolution of

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petitioner’s application may be more readily available in the county of conviction. See Braden v.

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30th Judicial Circuit Court, 410 U.S. 484, 499 n. 15 (1973).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court for the Northern District of California. 28 U.S.C. § 2241(d); 28 U.S.C.

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§ 1406(a).

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DATED: June 8, 2015.