Stewart v. Spearman

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/17 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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TRAVON STEWART,

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Petitioner,

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No. 2:17-cv-413-EFB P

v.

ORDER

SPEARMAN,

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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 San Bernardino County

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Superior Court, which lies in the United States District Court for the Central District of

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California. While both this court and the United States District Court in the district where

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petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S.

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484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s

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application are more readily available in the county of conviction. Id. at 499 n.15; 28 U.S.C.

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§ 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: February 27, 2017.

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