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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 JORGE ARMANDO HERRERA SALGUERO, Petitioner, 12 13 14 No. 2:16-cv-2949-EFB P ORDER v. THE PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. He is incarcerated at High Desert State Prison, in Lassen County, which lies in 19 this district. However, petitioner attacks a conviction imposed by the Riverside County Superior 20 Court, which lies in the United States District Court for the Central District of California. While 21 both this court and the United States District Court in the district where petitioner was convicted 22 have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all 23 witnesses and evidence necessary for the resolution of petitioner’s application are more readily 24 available in the county of conviction. Id. at 499 n.15; 28 U.S.C. § 2241(d). 25 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 26 transferred to the Eastern Division of the United States District Court for the Central District of 27 California. 28 DATED: January 17, 2017.

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