(HC) Calderon v. Covello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN CARLOS CALDERON, No. 2:23-cv-2847 AC P 12 Petitioner, 13 v. ORDER 14 P. COVELLO, 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, together with a request to proceed in forma pauperis. 19 The application attacks a conviction issued by the Santa Clara County Superior Court. 20 Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of 21 confinement have concurrent jurisdiction over applications for habeas corpus filed by state 22 prisoners. However, any and all witnesses and evidence necessary for the resolution of 23 petitioner’s application are more readily available in Santa Clara County. See Braden v. 30th 24 Judicial Circuit Court, 410 U.S. 484, 499 n.15 (1973) (district of conviction is generally the more 25 convenient forum for challenges to conviction). Therefore, this action will be transferred to the 26 United States District Court for the Central District of California. 27 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that: 28 1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and ] 2. This matter is transferred to the United States District Court for the Northern District of 2 || California. 3 || DATED: December 14, 2023 ~ 4 ttt0n— ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28