Patterson v. Martinez et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2017 TRANSFERRING this matter to the USDC for the Central Disctrict of California. 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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VESTER L. PATTERSON,
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No. 2:17-cv-0444 KJN P
Petitioner,
v.
ORDER
JOEL MARTINEZ AND SCOTT
KERNAN,
Respondents.
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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 is incarcerated in Kern County, which is in the Fresno Division of this district.
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Petitioner’s application attacks a conviction issued by the Los Angeles County Superior Court,
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which is located within the jurisdiction of the United States District Court for the Central District
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of California.
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Pursuant to 28 U.S.C. § 2244(d)(1), courts in both the district of conviction and the
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district of confinement have concurrent jurisdiction over applications for habeas corpus filed by
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state prisoners. While both this court and the United States District Court for the Central District
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of California have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973),
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any and all witnesses and evidence necessary for the resolution of petitioner’s application are
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more readily available in Los Angeles County Id. at 499 n.15; 28 U.S.C. § 2241(d).
Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is
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transferred to the United States District Court for the Central District of California.
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Dated: March 23, 2017
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Patt444.108
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