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

Case 3:08-cv-01278-JAH-LSP

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Filed 07/24/2008

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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 July 24, 2008 Clerk, U.S. District Court Central District of California, Eastern Division 3470 Twelfth Street Riverside, CA 92501 Re: Jerome Norman Scott v. Larry Smalls, Case No. 3:08-cv-01278-JAH-LSP Dear Sir or Madam: Pursuant to Order transferring the above-entitled action to your District, we are electronically transmitting herewith our entire original file.

Sincerely yours, W. Samuel Hamrick, Jr., Clerk of the Court By: s/ M. Zvers, Deputy Clerk Copy to Attorney for Plaintiffs: Copy to Attorney for Defendants:

Case 3:08-cv-01278-JAH-LSP

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed pursuant 18 to 28 U.S.C.A. § 2254 (West Supp. 2007). Petitioner has paid the $5.00 filing fee. A petition for writ of habeas corpus may be filed in the United States District Court of 19 20 either the judicial district in which the petitioner is presently confined or the judicial district in 21 which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial 22 Circuit Court, 410 U.S. 484, 497 (1973). Petitioner is presently confined at Calipatria State 23 Prison, located in Imperial County, which is within the jurisdictional boundaries of the United 24 States District Court for the Southern District of California. See 28 U.S.C. § 84(d). Petitioner's 25 state court conviction occurred in San Bernardino County Superior Court, which is located 26 within the jurisdictional boundaries of the United States District Court for the Central District 27 of California, Eastern Division. See 28 U.S.C. § 84(c)(1). Thus, jurisdiction exists in both the 28 Southern and Central Districts. -108cv1278

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JEROME NORMAN SCOTT, Petitioner, vs. LARRY SMALL, et al., Respondents.

Civil No.

08-1278 JAH (LSP)

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

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Case 3:08-cv-01278-JAH-LSP

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When a habeas petitioner is challenging a state court conviction, the district court of the

2 district in which the state court conviction took place is a more convenient forum because of the 3 accessibility of evidence, records and witnesses. Thus, it is generally the practice of the district 4 courts in California to transfer habeas actions questioning state court convictions to the district 5 in which the state court conviction took place. Any and all records, witnesses and evidence 6 necessary for the resolution of Petitioner's contentions are more readily available in San 7 Bernardino County. See Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, 8 transfer habeas cases to the district of conviction which is ordinarily a more convenient forum). 9 Therefore, in the furtherance of justice, 10 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

11 District Court for the Central District of California, Eastern Division. See 28 U.S.C. § 2241(d). 12 IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order

13 upon Petitioner and upon the California Attorney General. 14 15 DATED: July 23, 2008 16 17 18 19 20 21 22 23 24 25 26 27 28 -208cv1278

_________________________________________ John A. Houston United States District Judge

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