Cloud v. California Department of Corrections

Filing 11

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JERRY CLOUD, Plaintiff, 10 United States District Court Northern District of California 11 12 13 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 14 15 Plaintiff, a prisoner at the California Correction Center (“CCC”) in Susanville, California, 16 filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition did not 17 challenge his conviction, sentence or duration of his confinement, but rather the conditions of such 18 confinement --- specifically, his medical care at CCC. Consequently, the Court informed Plaintiff 19 that he would need to raise his claims in a civil rights complaint not a habeas petition, advised him 20 of the differences between proceeding with a civil action and a habeas petition, and directed him 21 to notify the Court whether he nevertheless wished to proceed with this case as a civil action, 22 voluntarily dismiss it, or amend his petition. See Nettles v. Grounds, 830 F.3d 922, 936 (9th Cir. 23 2016) (en banc). He has filed a motion to have the petition construed as a civil rights complaint, 24 which motion is GRANTED. 25 Plaintiff, Defendant and the actions giving rise to his claim are located in the Eastern 26 District of California. The proper venue for this case is therefore the Eastern District. See 28 27 U.S.C. § 1391(a). Accordingly, and in the interests of justice, this case is TRANSFERRED to the 28 United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). In 1 light of this transfer, ruling on Plaintiff’s application to proceed in forma pauperis is deferred to 2 the Eastern District. 3 4 5 6 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 7 8 JACQUELINE SCOTT CORLEY United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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