Boutta v. Swarthout
Filing
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ORDER, CASE TRANSFERRED to District of Northern District of California signed by Magistrate Judge Dale A. Drozd on 6/15/2011. (Duong, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL BOUTTA,
Petitioner,
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vs.
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No. CIV S-11-1521 DAD P
GARY SWARTHOUT,
Respondent.
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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma
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pauperis.
In his application for federal habeas relief petitioner attacks a judgment of
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conviction entered by the Alameda County Superior Court. While both this Court and the United
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States District Court in the district where petitioner was convicted have jurisdiction, see Braden
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v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary
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for the resolution of petitioner’s application are more readily available in Alameda County which
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is located within the United States District Court for the Northern District of California. Id. at
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499 n.15; 28 U.S.C. § 2241(d).
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/////
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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
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pauperis; and
2. This matter is transferred to the United States District Court for the Northern
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District of California.
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DATED: June 15, 2011.
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DAD:kly
bout1521.108
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