(HC)Gilmore v. Hill
Filing
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ORDER signed by Magistrate Judge Deborah Barnes on 11/16/20, CASE TRANSFERRED to the U.S. District Court for the Southern 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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STEVEN GILMORE,
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Petitioner,
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No. 2:20-cv-2236 DB P
v.
ORDER
RICK HILL, 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
corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.
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The application attacks a 2001 conviction issued by the San Diego County Superior Court.
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(ECF No. 1 at 1.) While both this court and the United States District Court in the district where
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petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S.
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484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s
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application are more readily available in San Diego 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:
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1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and
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2. This matter is transferred to the United States District Court for the Southern District of
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California.
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Dated: November 16, 2020
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DB:12
DB:1/Orders/Prisoner/Habeas/gilm2236.108
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