(HC) Calderon v. Covello ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN C. CALDERON, No. 2:21-CV-2084-KJM-DMC-P 12 Petitioner, 13 v. ORDER 14 P. 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 Santa Clara County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in both 20 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 Santa Clara County, which is within the 24 boundaries of the United States District Court for the Northern 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: 2 1. Respondent’s unopposed motion to transfer, ECF No. 12, is granted; and 3 2. This matter is transferred to the United States District Court for the 4 | Northern District of California. 5 6 | Dated: June 24, 2022 Ssvcqo_ 7 DENNIS M. COTA 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28