Westover v. Frauenheim

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/16 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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GARY WESTOVER,

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No. 2:16-cv-2916 KJN P

Petitioner,
v.

ORDER

SCOTT FRAUENHEIM,

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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
corpus pursuant to 28 U.S.C. § 2254.

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The application attacks a conviction issued by the Santa Clara County Court. While both

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this court and the United States District Court in the district where petitioner was convicted have

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jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses

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and evidence necessary for the resolution of petitioner’s application are more readily available in

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Santa Clara 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 Northern District of California.

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Dated: December 23, 2016

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west2916.108

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