(HC) Clotfelter v. Campbell ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE LEE CLOTFELTER, No. 2:23-CV-2347-DMC-P 12 Petitioner, ORDER 13 v. 14 TAMI CAMPBELL, 15 Respondent. 16 17 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The petition challenges a conviction and/or sentence issued by 19 the Napa County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in both the district of 20 conviction and the district of confinement have concurrent jurisdiction over applications for 21 habeas corpus filed by state prisoners. See Braden v. 30th Judicial Circuit Court, 410 U.S. 484 22 (1973). Because any and all witnesses and evidence necessary for the resolution of Petitioner's 23 application are more readily available in Napa County, which is within the boundaries of the 24 United States District Court for the Northern District of California, this matter should be 25 transferred to that court. See id. at 499 n.15. 26 / / / 27 / / / 28 / / / ] Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the 2 || United States District Court for the Northern District of California. 3 4 | Dated: October 26, 2023 Svc DENNIS M. COTA 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28