Benerito F. Gabaldon v. J. Pickett

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENERITO FELIPE GABALDON, No. 2:20-cv-2489-EFB P 11 Petitioner, 12 V. ORDER 13 J. PICKETT, Warden, 14 Respondent.

16 Petitioner is a state prisoner without counsel seeking a petition for writ of habeas corpus || pursuant to 28 U.S.C. § 2254. See ECF No. 8. Petitioner is incarcerated at High Desert State || Prison in Lassen County, which lies in this district. However, his petition challenges a 2009 || conviction for first degree robbery imposed by the Riverside County Superior Court, which lies in || the United States District Court for the Central District of California. While both this court and || the United States District Court in the district where petitioner was convicted have jurisdiction, || see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and || evidence necessary for the resolution of petitioner’s application are more readily available in the | county of conviction. /d. at 499 n.15; 28 U.S.C. § 2241(d).

25 Accordingly, in the furtherance of justice, IT IS ORDERED that this matter is transferred || to the Eastern Division of the United States District Court for the Central District of California.

27 || Dated: February 1, 2021.

28 Littl ADEM □□ EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE