Benerito F. Gabaldon v. J. Pickett

Opinion

1 2 3 4 5 6 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P 11 Petitioner, 13 J. PICKETT, Warden, 14 Respondent. 15 16 Petitioner is a state prisoner without counsel seeking a petition for writ of habeas corpus 17 || pursuant to 28 U.S.C. § 2254. See ECF No. 8. Petitioner is incarcerated at High Desert State 18 || Prison in Lassen County, which lies in this district. However, his petition challenges a 2009 19 || conviction for first degree robbery imposed by the Riverside County Superior Court, which lies in 20 || the United States District Court for the Central District of California. While both this court and 21 || the United States District Court in the district where petitioner was convicted have jurisdiction, 22 || see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and 23 || evidence necessary for the resolution of petitioner’s application are more readily available in the 24 | county of conviction. /d. at 499 n.15; 28 U.S.C. § 2241(d). 25 Accordingly, in the furtherance of justice, IT IS ORDERED that this matter is transferred 26 || to the Eastern Division of the United States District Court for the Central District of California. 27 || Dated: February 1, 2021. 28 Littl ADEM □□ EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE