Peoples v. Spearman

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 2/14/17 ORDERING that this case is TRANSFERRED to the Central 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 D. PEOPLES, JR.,

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Petitioner,

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No. 2:17-cv-0279 AC P

v.

ORDER

SPEARMAN,

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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

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corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.
The application attacks a conviction issued by the Los Angeles County Superior Court.

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

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

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

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readily available in Los Angeles 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:

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1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and

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2. This matter is transferred to the United States District Court for the Central District of

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California.

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DATED: February 14, 2017

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