(HC)Robinson v. Atascadero State Hospital

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 9/19/2022 TRANSFERRING this matter to the USDC, Central District of California. CASE TRANSFERRED. (Huang, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERMAINE DANIEL ROBINSON, 12 13 14 15 No. 2:22-cv-1587 KJN P Petitioner, v. ORDER ATACADERO STATE HOSPITAL, Respondent. 16 17 Petitioner, a civil detainee at Atascadero State Hospital proceeding pro se, filed an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paroled from the 19 California Department of Corrections and Rehabilitation, but was determined to be a mentally 20 disordered offender and was subsequently housed at Atascadero State Hospital for treatment. 21 Atascadero State Hospital is located in San Luis Obispo County. Although petitioner filed 22 his allegations on the form for habeas corpus relief, his allegations are more properly construed as 23 a civil rights action under 42 U.S.C. § 1983 because he challenges the condition of his 24 confinement at the hospital. 25 The federal venue statute provides that a civil action “may be brought in (1) a judicial 26 district in which any defendant resides, if all defendants are residents of the State in which the 27 district is located, (2) a judicial district in which a substantial part of the events or omissions 28 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 1 1 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 2 this action, any judicial district in which any defendant is subject to the court’s personal 3 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 4 In this case, the claim arose in San Luis Obisbo County, which is in the Central District of 5 California. Therefore, plaintiff’s claim should have been filed in the United States District Court 6 for the Central District of California. In the interest of justice, a federal court may transfer a 7 complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. 8 McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 9 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 10 transferred to the United States District Court for the Central District of California. Id. at 499 11 n.15; 28 U.S.C. § 2241(d). 12 Dated: September 19, 2022 13 14 15 16 /robi1587.108a 17 18 19 20 21 22 23 24 25 26 27 28 2

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