(HC)Gilmore v. Hill

Filing 4

ORDER signed by Magistrate Judge Deborah Barnes on 11/16/20, CASE TRANSFERRED to the U.S. District Court for the Southern District of California.(Plummer, M) [Transferred from California Eastern on 11/16/2020.]

Case 3:20-cv-02230-WQH-RBM Document 4 Filed 11/16/20 PageID.18 Page 1 of 2

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN GILMORE,

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Petitioner,

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No. 2:20-cv-2236 DB P

v.

ORDER

RICK HILL, Warden,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
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 2001 conviction issued by the San Diego County Superior Court.

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(ECF No. 1 at 1.) 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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Case 3:20-cv-02230-WQH-RBM Document 4 Filed 11/16/20 PageID.19 Page 2 of 2

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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: November 16, 2020

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DB:12
DB:1/Orders/Prisoner/Habeas/gilm2236.108

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