Pimentel v. Pfeiffer

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/6/2017 ORDERING CASE TRANSFERRED to the U.S. District Court for the Central District of California. (Henshaw, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RICARDO PIMENTEL, 11 12 13 No. 2:17-cv-2278 CKD P Petitioner, v. ORDER CHRISTIAN PFEIFFER, Warden, 14 Respondent. 15 16 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 not paid the filing fee or filed a request to 18 proceed in forma pauperis. 19 The application attacks a conviction issued by the California Superior Court of Orange 20 County. While both this court and the United States District Court in the district where petitioner 21 was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), 22 any and all witnesses and evidence necessary for the resolution of petitioner’s application are 23 more readily available in Orange 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 Central District of California. 26 Dated: November 6, 2017 27 28 12/pime2278.108 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 1

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