(HC) Martin v. Supreme Court of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OZ MARTIN, No. 2:20-cv-0248 DB P 12 Petitioner, 13 v. ORDER 14 SUPREME COURT OF CALIFORNIA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 18 mandamus pursuant to 28 U.S.C. § 1651. Petitioner seeks a writ “commanding respondent court 19 to perform its ministerial duty in affording petitioner his constitutional rights to a proper and 20 adequate inquiry by using sound discretion in adhering to and following the law which 21 governs/controls the issues raised by his claims.” (ECF No. 1 at 4.) 22 The application attacks a conviction issued by the Alameda County Superior Court. 23 While both this court and the United States District Court in the district where petitioner was 24 convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any 25 and all witnesses and evidence necessary for the resolution of petitioner’s application are more 26 readily available in Alameda County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 27 //// 28 //// 1 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 | transferred to the United States District Court for the Northern District of California. 3 | Dated: February 6, 2020 4 5 6 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 4 8 9 10 11 12 13 14 15 16 | ope DB:1/Orders/Prisoner/Habeas/mart0248.108 18 19 20 21 22 23 24 25 26 27 28