Cloud v. California Department of Corrections
Filing
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ORDER GRANTING 10 Motion Requesting Instant Petition be Construed as a Civil Rights Complaint and TRANSFERRING CASE to the Eastern District of California. Signed by Judge Jacqueline S. Corley on 2/14/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 2/14/2017) [Transferred from cand on 2/16/2017.]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JERRY CLOUD,
Plaintiff,
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United States District Court
Northern District of California
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Case No.16-cv-06100-JSC
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS,
Defendant.
ORDER GRANTING MOTION TO
HAVE PETITION CONSTRUED AS A
CIVIL RIGHTS COMPLAINT;
TRANSFERRING CASE
Re: Dkt. No. 10
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Plaintiff, a prisoner at the California Correction Center (“CCC”) in Susanville, California,
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filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition did not
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challenge his conviction, sentence or duration of his confinement, but rather the conditions of such
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confinement --- specifically, his medical care at CCC. Consequently, the Court informed Plaintiff
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that he would need to raise his claims in a civil rights complaint not a habeas petition, advised him
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of the differences between proceeding with a civil action and a habeas petition, and directed him
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to notify the Court whether he nevertheless wished to proceed with this case as a civil action,
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voluntarily dismiss it, or amend his petition. See Nettles v. Grounds, 830 F.3d 922, 936 (9th Cir.
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2016) (en banc). He has filed a motion to have the petition construed as a civil rights complaint,
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which motion is GRANTED.
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Plaintiff, Defendant and the actions giving rise to his claim are located in the Eastern
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District of California. The proper venue for this case is therefore the Eastern District. See 28
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U.S.C. § 1391(a). Accordingly, and in the interests of justice, this case is TRANSFERRED to the
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United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). In
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light of this transfer, ruling on Plaintiff’s application to proceed in forma pauperis is deferred to
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the Eastern District.
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The Clerk shall transfer this case forthwith and change the Court’s docket to reflect the
updated nature of suit.
IT IS SO ORDERED.
Dated: February 14, 2017
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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United States District Court
Northern District of California
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