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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY WESTOVER, 12 13 14 No. 2:16-cv-2916 KJN P Petitioner, v. ORDER SCOTT FRAUENHEIM, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 The application attacks a conviction issued by the Santa Clara County Court. While both 20 this court and the United States District Court in the district where petitioner was convicted have 21 jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses 22 and evidence necessary for the resolution of petitioner’s application are more readily available in 23 Santa Clara County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 24 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 25 transferred to the United States District Court for the Northern District of California. 26 Dated: December 23, 2016 27 west2916.108 28 1

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