Cruz v. Chavez
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/29/11 ordering the court has not ruled on petitioner's application to proceed in forma pauperis. CASE TRANSFERRED to the U.S. District Court for the Southern District of California. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LUIS VICENTE CRUZ,
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Petitioner,
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No. CIV S-11-3034 GGH P
vs.
FRANK X. CHAVEZ,
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.
The application attacks a conviction issued by the San Diego Superior Court.
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While both this Court and the United States District Court in the district where petitioner was
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convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any
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and all witnesses and evidence necessary for the resolution of petitioner’s application are more
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readily available in San Diego County. Id. at 499 n.15; 28 U.S.C. § 2241(d).
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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
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2. This matter is transferred to the United States District Court for the Southern
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District of California.
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DATED: November 29, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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