Walker v. Beard

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/11/16 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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THELMEAS WALKER, JR.,

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Petitioner,

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v.

No. 2:16-cv-0047-EFB P

ORDER

JEFFREY BEARD, et al.,

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Respondents.

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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. § 2254.1 His application (ECF No. 6) attacks a conviction imposed by the Alameda

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

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County.
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. However, any and all 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); 28 U.S.C. § 2241(d).

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He also seeks leave to proceed in forma pauperis. ECF No. 5.

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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 Northern District of California.

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DATED: March 11, 2016.

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