Herrera v. Sexton
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/02/17 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANDY HERRERA,
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No. 2:17-cv-1962 CKD P
Petitioner,
v.
ORDER
SEXTON, Warden,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or submitted a request
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to proceed in forma pauperis.
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The application attacks a conviction issued by the Alameda County Superior Court.
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While both this court and the United States District Court in the district where petitioner was
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convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any
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and all witnesses and evidence necessary for the resolution of petitioner’s application are more
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readily available in Alameda County. Id. at 499 n.15; 28 U.S.C. § 2241(d).
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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 Northern District of California.
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Dated: October 2, 2017
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12/herr1962.108
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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