(HC) Amburn v. Hill ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL LEE AMBURN, Case No. 2:20-cv-02415-JDP (PC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR 13 v. THE NORTHERN DISTRICT OF CALIFORNIA 14 RICK HILL, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. Petitioner is incarcerated at Folsom State Prison, which lies 20 in this district. However, his petition challenges a conviction imposed by the Del Norte Superior 21 Court, which lies in the United States District Court for Northern District of California. While 22 both this court and the United States District Court in the district where petitioner was convicted 23 have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all 24 witnesses and evidence necessary for the resolution of petitioner’s application are more readily 25 available in the county of conviction. Id. at 499 n.15; 28 U.S.C. § 2241(d). 26 Accordingly, in the furtherance of justice, it is hereby ORDERED that this matter is 27 transferred to the United States District Court for the Norther District of California. 28 1 | ITIS SO ORDERED. 3 | Dated: _ December 18, 2020 q_ —__. JEREMY D, PETERSON 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28