Bernard v. Zuniga

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 03/01/17 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) Modified on 3/1/2017 (Plummer, M). [Transferred from California Eastern on 3/3/2017.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMA BAHATI BERNARD,

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Petitioner,

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v.

No. 2:17-cv-0347 AC P

ORDER

R. ZUNIGA,

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Respondent.

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Petitioner, a federal inmate proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2241, together with a request to proceed in forma pauperis.

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The application challenges execution of a conviction issued by the United States District

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Court in the Southern District of California. While both this court and the United States District

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Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial

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Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the

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resolution of petitioner’s application are more readily available in San Diego County. Id. at 499

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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: March 1, 2017

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