Herrera v. Sexton
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:17-cv-1962 CKD P
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 has not paid the filing fee or submitted a request
to proceed in forma pauperis.
The application attacks a conviction issued by the Alameda County Superior Court.
While both this court and the United States District Court in the district where petitioner was
convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any
and all witnesses and evidence necessary for the resolution of petitioner’s application are more
readily available in Alameda 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
transferred to the United States District Court for the Northern District of California.
Dated: October 2, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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