Sandher v. Yates

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 12/24/08 ORDERING CASE TRANSFERRED to Northern District of California. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Streeter, J)

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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 vs. JAMES A. YATES, Respondent. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition challenges a conviction and/or sentence issued by the Contra Costa County Superior Court. Pursuant to 28 U.S.C 2241(d), courts in both the district of conviction and the district of confinement have concurrent jurisdiction over applications for habeas corpus filed by state prisoners. See Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973). Because any and all witnesses and evidence necessary for the resolution of petitioner's application are more readily available in Contra Costa County, which is within the boundaries of the United States District Court for the Northern District of California, this matter should be transferred to that court. See id. at 499 n.15. /// 1 JOGA S. SANDHER, Petitioner, ORDER No.. CIVSS-08-2079-CMK-P No CIV -08-3079-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 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 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Norther District of California. DATED: December 24, 2008 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

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