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Harris v. Warden, High Desert State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jan 24, 2013
No. 2:12-cv-3017 JFM P (E.D. Cal. Jan. 24, 2013)

Opinion

No. 2:12-cv-3017 JFM P

01-24-2013

JERRY W. HARRIS, Petitioner, v. WARDEN, HIGH DESERT STATE PRISON, et al, Respondents.


ORDER

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 18, 2013, petitioner's motion to proceed in forma pauperis was granted and the respondent was directed to file a response to the petition within sixty days.

The application attacks a conviction issued by the Riverside County Superior Court. While both this Court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner's application are more readily available in Riverside County. See id. at 499 n.15; 28 U.S.C. § 2241(d).

Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California.

_________________________________

UNITED STATES MAGISTRATE JUDGE


Summaries of

Harris v. Warden, High Desert State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jan 24, 2013
No. 2:12-cv-3017 JFM P (E.D. Cal. Jan. 24, 2013)
Case details for

Harris v. Warden, High Desert State Prison

Case Details

Full title:JERRY W. HARRIS, Petitioner, v. WARDEN, HIGH DESERT STATE PRISON, et al…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jan 24, 2013

Citations

No. 2:12-cv-3017 JFM P (E.D. Cal. Jan. 24, 2013)