Grimes v. State of California

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 8/23/2017 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME L. GRIMES, 12 13 No. 2:17-CV-1743-CMK-P Petitioner, vs. ORDER 14 STATE OF CALIFORNIA, 15 Respondent. 16 17 / Petitioner, a prisoner confined at the Springfield Hospital Center in Sykesville, 18 MD, and proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 19 § 2254. The petition appears to challenge multiple convictions and/or sentences issued in the 20 following counties: Los Angeles, San Francisco, San Mateo, Contra Costa, and Alameda. 21 Pursuant to 28 U.S.C § 2241(d), courts in the district of conviction and the district of 22 confinement have concurrent jurisdiction over applications for habeas corpus filed by state 23 prisoners. See Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973). Because the majority 24 of the witnesses and evidence necessary for the resolution of petitioner's application are more 25 readily available in counties within the boundaries of the United States District Court for the 26 Northern District of California, and because petitioner raises no claims relating to convictions 1 1 and/or sentences issued in a county within this district, this matter should be transferred to 2 Northern District. See id. at 499 n.15. 3 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. 5 6 7 8 DATED: August 23, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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