(HC) Lundie v. Bird ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERRICK LUNDIE, No. 2: 22-cv-1063 KJN P 12 Petitioner, 13 v. ORDER 14 L. BIRD, 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 paid the filing fee. 19 The application attacks a conviction issued by the Los Angeles County Superior Court.1 20 While both this court and the United States District Court in the district where petitioner was 21 convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any 22 and all witnesses and evidence necessary for the resolution of petitioner’s application are more 23 readily available in Los Angeles County. Id. at 499 n.15; 28 U.S.C. § 2241(d). 24 //// 25 //// 26 27 1 The petition does not identify the court that entered the judgment of conviction. However, records from the Los Angeles County Superior Court indicate that petitioner challenges a 28 conviction from that court. ] Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 || transferred to the United States District Court for the Central District of California. 3 || Dated: July 20, 2022 Fesll Arn 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 Lund1063.108 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28