Dukes v. Hedgepath, et al

Filing 3

ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/22/2010 ORDERING that this matter is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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(HC) Dukes v. Hedgepeth, et al Doc. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff has filed the action on the form for a petition for a writ of habeas corpus, but his claims appear to involve the conditions of his confinement rather than the legality of that confinement. 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MELVIN DUKES, Plaintiff, vs. WARDEN HEDGEPETH, Defendant. / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. 1983.1 The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. 1391(b). ///// ORDER No. CIV S-10-1726 KJM \P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 duke1726.21a. In this case, the defendants are located and the claims arose in Monterey County, which is in the Northern District of California. Therefore, plaintiff's claim should have been filed in the United States District Court for the Northern District of California. In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. DATED: July 22, 2010. 2

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