Serrano v. People of The State of California

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/21/09 ORDERING that this matter is TRANSFERRED to U.S. District Court for the Northern District of California. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Respondent. 15 / 16 17 18 19 20 21 22 23 24 25 26 Petitioner has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is incarcerated in Imperial County and challenges a conviction from Santa Clara County. Because petitioner was not convicted in this district, and is not presently confined here, this court does not have jurisdiction to entertain the application. Any and all witnesses and evidence necessary for the resolution of petitioner's application are more readily available in Santa Clara County. See Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499 n. 15 (1973); 28 U.S.C. § 2241(d). Accordingly, this action is transferred to the United States District Court for the Northern District of California. 28 U.S.C. § 2241(d). ///// 1 ORDER vs. PEOPLE OF THE STATE OF CALIFORNIA, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA AMADOR SERRANO, Petitioner, No. CIV S-09-2718 GGH P

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ser2718.tra

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. 28 U.S.C. § 2241(d); 28 U.S.C. § 1406(a). DATED: October 21, 2009 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

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