(HC) Fregoso v. Spearman ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EFREN FREGOSO, No. 2:19-cv-2247 CKD P 12 Petitioner, 13 v. ORDER 14 MARION E. SPEARMAN, 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. The application attacks a conviction issued by the Santa 19 Clara County Superior Court. While both this court and the United States District Court in the 20 district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit 21 Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of 22 petitioner’s application are more readily available in Santa Clara County. Id. at 499 n.15; 28 23 U.S.C. § 2241(d). 24 ///// 25 ///// 26 ///// 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 . ft f / 7 1. ¥ Dated: November 13, 2019 Card j; { Le {, 3 CAROLYN K. DELANEY 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 fogi2A7.108 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28