Benerito F. Gabaldon v. J. Pickett

C.D. California

Benerito F. Gabaldon v. J. Pickett

DecidedFebruary 1, 2021

Docket5:21-cv-00185

StatusUnknown

This text of Benerito F. Gabaldon v. J. Pickett (Benerito F. Gabaldon v. J. Pickett) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benerito F. Gabaldon v. J. Pickett, (C.D. Cal. 2021).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P 11 Petitioner, 12 V. ORDER 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

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P 11 Petitioner, 12 V. ORDER 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

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