Eric Dwight Rice v. Buenavides

C.D. California

Eric Dwight Rice v. Buenavides

DecidedMarch 29, 2022

Docket2:22-cv-02080

StatusUnknown

This text of Eric Dwight Rice v. Buenavides (Eric Dwight Rice v. Buenavides) 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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Eric Dwight Rice v. Buenavides, (C.D. Cal. 2022).

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Case 2:22-cv-02080-JFW-DFM Document 5 Filed 03/29/22 Page 1 of 2 Page ID #:20

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC DWIGHT RICE, No. 2:22-cv-0497 CKD P 12 Petitioner, 13 v. ORDER 14 BUENAVIDES, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or submitted a request 19 to proceed in forma pauperis. 20 The application attacks a conviction issued by the Los Angeles Superior Court. While 21 both this court and the United States District Court in the district where petitioner was convicted 22 have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all 23 witnesses and evidence necessary for the resolution of petitioner’s application are more readily 24 available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 25 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 26 1. This court has not ruled on petitioner’s motion for counsel (ECF No. 2) and motion for 27 resentencing (ECF No. 4); and 28 //// 1 Case 2:22-cv-02080-JFW-DFM Document5 Filed 03/29/22 Page 2of2 Page ID#:21

1 2. This matter is transferred to the United States District Court for the Central District of 2 || California. 3 | Dated: March 29, 2022 Cad □ ht fa he 4 CAROLYN DELANEY SS 5 UNITED STATES MAGISTRATE JUDGE 10 11 || 12/rice0497.108.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Case 2:22-cv-02080-JFW-DFM Document 5 Filed 03/29/22 Page 1 of 2 Page ID #:20

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC DWIGHT RICE, No. 2:22-cv-0497 CKD P 12 Petitioner, 13 v. ORDER 14 BUENAVIDES, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or submitted a request 19 to proceed in forma pauperis. 20 The application attacks a conviction issued by the Los Angeles Superior Court. While 21 both this court and the United States District Court in the district where petitioner was convicted 22 have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all 23 witnesses and evidence necessary for the resolution of petitioner’s application are more readily 24 available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 25 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 26 1. This court has not ruled on petitioner’s motion for counsel (ECF No. 2) and motion for 27 resentencing (ECF No. 4); and 28 //// 1 Case 2:22-cv-02080-JFW-DFM Document5 Filed 03/29/22 Page 2of2 Page ID#:21

1 2. This matter is transferred to the United States District Court for the Central District of 2 || California. 3 | Dated: March 29, 2022 Cad □ ht fa he 4 CAROLYN DELANEY SS 5 UNITED STATES MAGISTRATE JUDGE 10 11 || 12/rice0497.108.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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