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Carl D. Simmons v. George J. Giubino

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 30, 2011

CARL D. SIMMONS, PETITIONER,
v.
GEORGE J. GIUBINO, RESPONDENT.

ORDER

Petitioner, a state prisoner without counsel, seeks a writ of habeas corpus. See 28 U.S.C. § 2254. Respondent has filed a motion to transfer the case to the United States District Court for the Central District. See Dckt. No. 11. Petitioner opposes the motion.

Petitioner was convicted in the Santa Barbara County Superior Court, but is confined in California State Prison, Corcoran. Although this court and the United States District Court in the district where petitioner was convicted both have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499-500 (1973), witnesses and evidence necessary for the resolution of petitioner's application are more readily available in the county of conviction. Id. at 499 n. 15.

Accordingly, it is hereby ordered that:

1. Respondent's motion to transfer is granted; and 2. This action is transferred to the United States District Court for the Central District of California.

20110330

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