(HC) Carroll v. Covello ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREMAYNE DEON CARROLL, No. 2:20-CV-2101-DMC-P 12 Petitioner, 13 v. ORDER 14 COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The petition challenges a conviction and/or sentence 19 issued by the Los Angeles County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in 20 both the district of conviction and the district of confinement have concurrent jurisdiction over 21 applications for habeas corpus filed by state prisoners. See Braden v. 30th Judicial Circuit Court, 22 410 U.S. 484 (1973). Because any and all witnesses and evidence necessary for the resolution of 23 Petitioner's application are more readily available in Los Angeles County, which is within the 24 boundaries of the United States District Court for the Central District of California, this matter 25 should be transferred to that court. See id. at 499 n.15. 26 / / / 27 / / / 28 / / / 1 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the 2 | United States District Court for the Central District of California. 3 4 5 || Dated: November 23, 2020 Ssvcqo_ 6 DENNIS M. COTA 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28