Hall v. Lynch

Opinion

1 2 3 4 5 6 7 10 11 NATHANIEL V. HALL, No. 2:21-cv-0773-EFB P 12 Petitioner, 13 v. ORDER 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. See ECF No. 1. Petitioner is incarcerated at California State 19 Prison, Sacramento in Sacramento County, which lies in this district. However, his petition 20 challenges a 2012 conviction for aggravated mayhem imposed by the Santa Clara Superior Court, 21 which lies in the United States District Court for the Northern District of California. While both 22 this court and the United States District Court in the district where petitioner was convicted have 23 jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all 24 witnesses and evidence necessary for the resolution of petitioner’s application are more readily 25 available in the county of 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 United States District Court for the Northern District of California, as that is the district of 3 || conviction. 28 U.S.C. §§ 1404(a), 2241(d). 4 | DATED: May 3, 2021. tid, PDEA UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28