Garcia v. Baughman

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/1/2017 CASE TRANSFERRED to Central District of California. (Washington, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROY GARCIA, 12 Petitioner, 13 14 No. 2:17-cv-0883 GGH P v. ORDER D. BAUGHMAN, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the fee or submitted a request to 19 proceed in forma pauperis. The application attacks a conviction issued by the Riverside County Superior Court. 20 21 Although the claim appears at first blush to reference an error of CDCR in implementing the 22 judgment, the claim actually asserts that an error occurred in the sentencing process. While both 23 this court and the United States District Court in the district where petitioner was convicted have 24 jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses 25 and evidence necessary for the resolution of petitioner’s application are more readily available in 26 Riverside County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 27 //// 28 //// 1 1 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 transferred to the United States District Court for the Central District of California. 3 DATED: May 1, 2017 4 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 Garcia.883.tfr.CDCA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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