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Atchley v. Swarthout

United States District Court, Ninth Circuit, California, E.D. California
Dec 11, 2013
2:13-cv-2409 KJN P (E.D. Cal. Dec. 11, 2013)

Opinion


RUFUS ATCHLEY, Petitioner, v. GARY SWARTHOUT, Respondent. No. 2:13-cv-2409 KJN P United States District Court, E.D. California. December 11, 2013

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

         The application attacks a conviction issued by the Los Angeles 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 Los Angeles County. 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.


Summaries of

Atchley v. Swarthout

United States District Court, Ninth Circuit, California, E.D. California
Dec 11, 2013
2:13-cv-2409 KJN P (E.D. Cal. Dec. 11, 2013)
Case details for

Atchley v. Swarthout

Case Details

Full title:RUFUS ATCHLEY, Petitioner, v. GARY SWARTHOUT, Respondent.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 11, 2013

Citations

2:13-cv-2409 KJN P (E.D. Cal. Dec. 11, 2013)