Loyer v. Spearman

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 4/18/2018 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 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLIFFORD C. LOYER, 12 Petitioner, 13 14 No. 2:18-CV-0499-CMK-P vs. ORDER MARLON SPEARMAN, JR., 15 Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The petition challenges a conviction and/or 19 sentence issued by the Orange County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in 20 both the district of conviction and the district of confinement have concurrent jurisdiction over 21 applications for habeas corpus filed by state prisoners. See Braden v. 30th Judicial Circuit Court, 22 410 U.S. 484 (1973). Because any and all witnesses and evidence necessary for the resolution of 23 petitioner's application are more readily available in Orange County, which is within the 24 boundaries of the United States District Court for the Central District of California, this matter 25 should be transferred to that court. See id. at 499 n.15. 26 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. 3 4 5 6 DATED: April 18, 2018 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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