Haraszewski v. Warden, Mule Creek State Prison

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 08/16/13 ordering this court has not ruled on petitioner's application to proceed in forma pauperis. CASE TRANSFERRED to the U.S. District Court for the Southern District of California. (Plummer, M) [Transferred from California Eastern on 8/19/2013.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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H. DYMITRI HARASZEWSKI,

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Petitioner,

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No. 2:13-cv-1663 DAD P

v.

ORDER

WARDEN, MULE CREEK STATE
PRISON,
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.

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The application attacks a judgment of conviction entered by the San Diego County

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Superior Court. 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: August 16, 2013

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DAD:mp
hara1663.108

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