Patterson v. Martinez et al

Filing 4

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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