(HC) Green v. Covello ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VENCIL C. GREEN, No. 2:21-cv-1299-EFB P 12 Petitioner, 13 v. ORDER 14 P. COVELLO, 15 Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner is incarcerated at Mule Creek State Prison 19 in Amador County, which lies in this district. However, his petition challenges a 1982 conviction 20 for kidnapping for robbery imposed by the Los Angeles County Superior Court, which lies in the 21 United States District Court for the Central District of California. While both this court and the 22 United States District Court in the district where petitioner was convicted have jurisdiction, see 23 Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence 24 necessary for the resolution of petitioner’s application are more readily available in the county of 25 conviction. Id. at 499 n.15; 28 U.S.C. § 2241(d). 26 ///// 27 ///// 28 ///// ] Accordingly, in the furtherance of justice, IT IS ORDERED that this matter is transferred 2 || to the Western Division of the United States District Court for the Central District of California. 3 | DATED: August 2, 2021. ‘ tid, PDEA 5 EDMUND F. BRENNAN ‘ 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