(HC) Flores v. Eaton
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/1/2021 ORDERING CASE TRANSFERRED to the United States District Court for the Northern District of California. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY JOHN FLORES,
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Petitioner,
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v.
No. 2:21-cv-00488 GGH P
ORDER
PATRICK EATON, 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, together with a request to proceed in forma pauperis.
The application attacks a conviction issued by the Santa Clara 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 Santa Clara 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 (ECF
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No. 2); and
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2. This matter is transferred to the United States District Court for the Northern District of
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California.
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Dated: April 1, 2021
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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