Harvey v. Swarthout
Filing
4
ORDER signed by Magistrate Judge Gregory G. Hollows on 6/14/11 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
DARRYL KEITH HARVEY,
Petitioner,
11
vs.
12
13
GARY SWARTHOUT,
Respondent.
14
ORDER
/
15
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of
16
17
No. 2:11-cv-1312 GGH P
habeas corpus pursuant to 28 U.S.C. § 2254.
The application attacks a conviction issued by the San Mateo County Superior
18
19
Court. While both this Court and the United States District Court in the district where petitioner
20
was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973),
21
any and all witnesses and evidence necessary for the resolution of petitioner’s application are
22
more readily available in San Mateo County. Id. at 499 n.15; 28 U.S.C. § 2241(d).
23
////
24
////
25
////
26
////
1
1
Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this
2
matter is transferred to the United States District Court for the Northern District of California.
3
DATED: June 14, 2011
4
/s/ Gregory G. Hollows
5
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
6
7
GGH:md
harv1312.108
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
