Corbin v. Department of Veteran Affairs et al (JOINT ASSIGN)
Filing
4
ORDER re 1 Petition for Writ of Habeas Corpus, filed by Steven T. Corbin, that this action is transferred, pursuant to 28 U.S.C. § 1406(a), to the United States District Court for the Northern District of Alabama, a district in which this action could have been brought. The clerk of the court is DIRECTED to take the steps necessary to effect the transfer. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 7/13/2015. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
STEVEN T. CORBIN,
)
)
)
)
)
)
)
)
)
)
Petitioner,
v.
DEPARTMENT OF VETERANS
AFFAIRS,
Respondent.
CIVIL ACTION NO.
2:15cv473-MHT
(WO)
ORDER
Petitioner Steven T. Corbin, proceeding pro se, has
filed a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2241 relating to his involuntary civil
commitment by order of the Jefferson County probate
court
“issued
by
VA.”
Upon
consideration
of
the
petition and its exhibits, the court concludes that
venue
is
improper
in
this
district
and
that,
accordingly, this action will be transferred, pursuant
to 28 U.S.C. § 1406(a), to the Northern District of
Alabama.
Petitioner
claims
that
the
without his consent to Hill
VA
had
him
admitted
Crest Behavioral Health
Center, where he was held illegally for six days, from
May 6 through May 13, 2015, in violation of his due
process rights and Alabama law.
no.
1),
pp.
respondents
1-8.
“liable
He
for
asks
See Complaint (doc.
that
defamation
the
of
court
find
character
and
injury suffered by petitioner,” and enjoin the “State
of Alabama to vacate all charges from a confidential
medical
record.”
Id.,
p.
9
at
¶
15.
Petitioner
further claims that the VA wrongfully denied his claim
for service-connected disability and that Hill Crest
failed to comply with Alabama law and committed medical
malpractice during his admission to the facility.
See
Attachment to Complaint (doc. no. 1-1); see also Motion
to Amend Petition (doc. no. 2)).
Petitioner
resides
in
Sylacauga,
the Northern District of Alabama.
2
Alabama,
within
He alleges that the
Jefferson County probate court ordered his commitment
and,
after
he
was
detained
by
officers
at
the
VA
Medical Center in Birmingham, he was admitted to Hill
Crest, also in Birmingham, where he remained until his
discharge six days later.1
(style
includes
See Complaint (doc. no. 1)
petitioner’s
street
address
in
Sylacauga); id. (¶¶ 2-4, 10(c); Attachment to Complaint
(doc. no. 1-1); 28 U.S.C. § 81(a)(3), (4) (designating
which counties lie in the Northern District).
Venue
would not lie in this district for petitioner’s habeas
petition, even if the court were to construe it to
assert constitutional or state-law tort claims against
the VA or to seek review of a VA disability benefit
determination.2
See
28
U.S.C.
§§
2241(d)
(habeas
1.
Petitioner refers to the VA Medical Center as
“UAB.”
See, e.g., Attachment to Complaint (doc. no.
1-1), p. 1 (alleging that the VA referred petitioner
“to the VA Medical Center in Birmingham (UAB) for a
standard blood test” and, later that day, “the (UAB) VA
Medical Center Staff Police” held him against his
will).
2. In this order, the court addresses venue only,
and intends no suggestion that petitioner is entitled
3
petition
may
petitioner
court
be
in
is
that
filed
custody
ordered
in
the
or
the
district
within
where
which
petitioner’s
the
the
state
detention
is
located); § 1391(e)(1) (general venue statute providing
that,
except
as
otherwise
provided
by
law,
a
civil
action not involving real property against a federal
agency
may
be
brought
in
a
district
in
which
a
defendant resides, a district in which a substantial
part
of
the
events
or
omissions
occurred,
or
the
district in which the plaintiff resides); § 1402(b)
(civil
actions
United
States
asserting
may
be
an
brought
FTCA
claim
“only
in
against
the
the
judicial
district where the plaintiff resides or wherein the act
or omission complained of occurred”).
to habeas relief; that the transferee court must
construe the petition to include constitutional, FTCA,
or disability-appeal claims against the VA; or, even,
that this court (or any federal district court) has
jurisdiction to entertain any such claims against the
VA.
The court also makes no determination that the
filing fee petitioner paid to commence this habeas
action ($ 5.00) is sufficient to permit him to pursue
any other civil claims in this lawsuit.
4
***
Accordingly,
it
is
ORDERED
that
this
action
is
transferred, pursuant to 28 U.S.C. § 1406(a), to the
United States District Court for the Northern District
of Alabama, a district in which this action could have
been brought.3
The clerk of the court is DIRECTED to take the
steps necessary to effect the transfer.
This case is closed in this court.
DONE, this the 13th day of July, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
3. See 28 U.S.C. § 1406(a) (“The district court of
a district in which is filed a case laying venue in the
wrong division or district shall dismiss, or if it be
in the interest of justice, transfer such case to any
district or division in which it could have been
brought.”).
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