Darren Harris v. Gavin Newsom

United States District Court for the Central District of California

Darren Harris v. Gavin Newsom

Trial Court Opinion

Case 2:22-cv-04398-JWH-AS Document 28 Filed 06/27/22 Page 1 of 2 Page ID #:169

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN HARRIS, No. 2:21-CV-2124-KJM-DMC-P 12 Petitioner, 13 v. ORDER 14 GAVIN NEWSOM, 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 Los Angeles County Superior Court. Pursuant to 28 U.S.C § 2241(d), courts in 20 both 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 Los Angeles County, which is within the 24 boundaries of the United States District Court for the Central District of California, this matter 25 should be transferred to that court. See

id.

at 499 n.15. 26 / / / 27 / / / 28 / / / 1 Case 2:22-cv-04398-JWH-AS Document 28 Filed 06/27/22 Page 2of2 Page |ID#:170

1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Respondent’s unopposed motion to transfer, ECF No. 14, is granted; and 3 2. This matter is transferred to the United States District Court for the Central 4 | District of California. 6 | Dated: June 24, 2022 Ssvcqo_ 7 DENNIS M. COTA 8 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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