Salcedo v. Warden

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 2/13/17 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 ELIEZAR SALCEDO, 12 13 14 No. 2:17-cv-0229 KJN P Petitioner, v. ORDER WARDEN, 15 Respondent. 16 17 18 19 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the $5.00 filing fee. The application attacks a conviction issued by the San Francisco County Superior Court. 20 While both this court and the United States District Court in the district where petitioner was 21 convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any 22 and all witnesses and evidence necessary for the resolution of petitioner’s application are more 23 readily available in San Francisco 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: February 13, 2017 27 salc0229.108 28 1

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