Vencil C. Green v. P. Covello

Good Law
United States District Court, Central District of CaliforniaAugust 2, 20212:21-cv-06225California258 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VENCIL C. GREEN, No. 2:21-cv-1299-EFB P Petitioner, v. ORDER P. COVELLO, Respondent. 16 Petitioner is a state prisoner without counsel seeking a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner is incarcerated at Mule Creek State Prison in Amador County, which lies in this district. However, his petition challenges a 1982 conviction for kidnapping for robbery imposed by the Los Angeles County Superior Court, which lies in the United States District Court for the Central District of California. While both this court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s application are more readily available in the county of conviction. Id. at 499 n.15; 28 U.S.C. § 2241(d). ///// /////…

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