Garces v. The People of the State of California

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/24/2017 TRANSFERRING this matter to the USDC for the Southern District of California. CASE CLOSED. (Yin, K)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

LUIS MANUEL GARCES,

11
12
13
14
15
16

No. 2:17-cv-0592 GGH P

Petitioner,
v.

ORDER

THE PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

17

corpus pursuant to 28 U.S.C. § 2254. Petitioner has submitted a motion to proceed in forma

18

pauperis received on March 20, 2017, ECF No. 6, but it has not been acted upon.

19

The application attacks a conviction issued by the San Diego Superior County 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 Diego 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 Southern District of California.

26

Dated: March 24, 2017

27
28

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE