Abreu v. Binkele

Filing 3

ORDER transferring case to the Northern District of California signed by Magistrate Judge Stanley A. Boone on 1/4/2017. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ARMANDO ABREU,

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Petitioner,

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Case No. 1:16-cv-01941-SAB-HC
ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA

v.
R. BINKELE,

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Respondent.

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On December 30, 2016, Petitioner, a state prisoner proceeding pro se, filed a petition for

18 writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the conditions of confinement at
19 Salinas Valley State Prison, where Petitioner is currently incarcerated. (ECF No. 1). The events
20 giving rise to this action occurred at Salinas Valley State Prison, which is located in Monterey
21 County and within the jurisdictional boundaries of the United States District Court for the
22 Northern District of California. See 28 U.S.C. § 84(a). Therefore, venue is proper in the Northern
23 District of California. See 28 U.S.C. § 1391(b). A civil action which has been filed in the wrong
24 district may be transferred to the proper district. 28 U.S.C. § 1406(a).
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Accordingly, IT IS HEREBY ORDERED that this action is transferred to the United

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2 States District Court for the Northern District of California. This Court has not ruled on the
3 request to proceed in forma pauperis (ECF No. 2), and in light of the transfer, the Court will not
4 determine whether to construe the instant petition as a civil rights complaint pursuant to 42
5 U.S.C. § 1983.
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IT IS SO ORDERED.

8 Dated:

January 4, 2017
UNITED STATES MAGISTRATE JUDGE

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