Salguero v. The People of the State of California

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/17/2017 ORDERING this matter is TRANSFERRED to the USDC for the Central District of California, Eastern Division. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JORGE ARMANDO HERRERA
SALGUERO,
Petitioner,

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No. 2:16-cv-2949-EFB P

ORDER
v.
THE PEOPLE OF THE STATE OF
CALIFORNIA,

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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. He is incarcerated at High Desert State Prison, in Lassen County, which lies in

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this district. However, petitioner attacks a conviction imposed by the Riverside County Superior

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Court, which lies in the United States District Court for the Central District of California. While

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

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

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

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available in the county of conviction. 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 Eastern Division of the United States District Court for the Central District of

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California.

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DATED: January 17, 2017.