Richie v. Persons

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 1/14/14 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY RICHIE,

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No. 2:13-CV-2487-CMK-P

Petitioner,
vs.

ORDER

SUPERIOR COURT OF
MONTEREY COUNTY,

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Respondent.
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Petitioner, who is proceeding pro se, brings this petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The petition challenges a conviction and/or sentence

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issued by the Monterey County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in both

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the district of conviction and the district of confinement have concurrent jurisdiction over

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applications for habeas corpus filed by state prisoners. See Braden v. 30th Judicial Circuit Court,

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410 U.S. 484 (1973). Because any and all witnesses and evidence necessary for the resolution of

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petitioner's application are more readily available in Monterey County, which is within the

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boundaries of the United States District Court for the Northern District of California, this matter

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should be transferred to that court. See id. at 499 n.15.
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the Northern District of California.

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DATED: January 14, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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