(HC) Calderon v. The People of the State of California ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN CARLOS CALDERON, No. 2:23-CV-2532-DMC-P 12 Petitioner, ORDER 13 v. 14 THE PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 19 corpus under 28 U.S.C. § 2254. The petition challenges a conviction and/or sentence issued by 20 the Santa Clara County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in both the 21 district of conviction and the district of confinement have concurrent jurisdiction over 22 applications for habeas corpus filed by state prisoners. See Braden v. 30th Judicial Circuit Court, 23 410 U.S. 484 (1973). Because any and all witnesses and evidence necessary for the resolution of 24 Petitioner's application are more readily available in Santa Clara County, which is within the 25 boundaries of the United States District Court for the Northern District of California, this matter 26 should be transferred to that court. See id. at 499 n.15. 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: November 6, 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