Free Case Transferred Out to Another District - District Court of California - California

Case 3:08-cv-01468-H-POR

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Filed 08/19/2008

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UNITED STATES DISTRICT COURT
Southern District of California Office Of The Clerk 880 Front Street, Room 4290 San Diego, California 92101-8900 Phone: (619) 557-5600 Fax: (619) 702-9900 W. Samuel Hamrick, Jr., Clerk of Court August 19, 2008 Clerk, U.S. District Court US District Court for the Central District of California, Western Division 312 North Spring Street Los Angeles, CA 90012-4701 Re: Condalee Morris v. People of the State of California, Case No. 3:08-cv-01468-H-POR Dear Sir or Madam: Pursuant to Order transferring the above-entitled action to your District, we are transmitting herewith our entire original file (excepting said Order). Enclosed are a certified copy of our Docket and the Order transferring the action, the originals of which we are retaining. Please acknowledge receipt on the copy of this letter and return. Thank you. Sincerely yours, W. Samuel Hamrick, Jr., Clerk of the Court By: s/ A. Garcia, Deputy Clerk Copy to Attorney for Plaintiffs: Copy to Attorney for Defendants: RECEIVED ITEMS DESCRIBED THIS DATE OF_________________ AND ASSIGNED CASE NUMBER_________________ CLERK, U.S. DISTRICT COURT By:__________________________________, Deputy

Case 3:08-cv-01468-H-POR

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Filed 08/19/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed pursuant to 28 U.S.C. § 2254. Upon reviewing the petition, the Court finds that this case should be transferred in the interest of justice. A petition for writ of habeas corpus may be filed in the United States District Court of either the judicial district in which the petitioner is presently confined or the judicial district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 497 (1973). The application in the present matter attacks a judgment of conviction that was entered in the County of Los Angeles Superior Court, which is within the jurisdictional boundaries of the United States District Court for the Central District of California, Western Division. 28 U.S.C. § 84(c)(2). Petitioner is presently confined at Calipatria State Prison in Imperial, California, located in Imperial County, which is within the jurisdictional boundaries of the United States District Court for the Southern District of
K:\COMMON\EVERYONE\_EFILE-PROSE\H\08cv1468 transfer.wpd, 8198

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CONDALEE MORRIS, Petitioner,

Civil No.

08-01468 H (POR)

ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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08cv1468

Case 3:08-cv-01468-H-POR

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Filed 08/19/2008

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1 California. 28 U.S.C. § 84(d). Thus, jurisdiction exists in both the Central and Southern 2 Districts. 3 When a habeas petitioner is challenging a judgment of conviction, the district court of the

4 district in which the judgment of conviction was entered is a more convenient forum because of 5 the accessibility of evidence, records and witnesses. Thus, it is generally the practice of the 6 district courts in California to transfer habeas actions questioning judgments of conviction to the 7 district in which the judgment was entered. Any and all records, witnesses and evidence 8 necessary for the resolution of Petitioner's contentions are available in Los Angeles County. See 9 Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases to 10 the district of conviction which is ordinarily a more convenient forum); Laue v. Nelson, 279 11 F. Supp. 265, 266 (N.D. Cal. 1968). 12 Therefore, in the furtherance of justice, IT IS ORDERED that the Clerk of this Court

13 transfer this matter to the United States District Court for the Central District of California, 14 Western Division. See 28 U.S.C. § 2241(d). IT IS FURTHER ORDERED that the Clerk of 15 this Court serve a copy of this Order upon Petitioner and upon the California Attorney General. 16 17 DATED: August 19, 2008 18 19 20 21 22 23 24 25 26 27 28 -208cv1468

_______________________________________ MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT

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