Dean v. Cavagnaro et al

Filing 5

ORDER TRANSFERRING CASE (Eastern District of California).. Signed by Judge Vaughn R. Walker on 5/11/09. (fj, COURT STAFF) (Filed on 5/11/2009) (Additional attachment(s) added on 5/11/2009: # 1 Certificate of Service) (fj, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v CORRECTIONAL OFFICER CAVAGNARO, et al, Defendant(s). / Plaintiff, a prisoner currently incarcerated in the Sacramento County Jail, has filed a pro se petition for writ of habeas corpus against certain correctional officers at the California Substance Abuse Treatment Facility and State Prison in Corcoran, California. Because plaintiff is alleging that the ALTON DEAN, Plaintiff, ORDER OF TRANSFER No C-09-1292 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA officers violated his civil rights under 42 USC section 1983, he must refile this action as a civil rights complaint, rather than a petition for writ of habeas corpus. Further, a substantial part of the events or omissions giving rise to the claim(s) occurred, and the defendants named reside, in the County of Kings, which lies within the venue of the 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Eastern District of California. See 28 USC § 84(b). Venue therefore properly lies in the Eastern District. See id § 1391(b). In the interest of justice and pursuant to 28 USC section 1406(a) IT IS ORDERED that this action be TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter and terminate all pending motions as moot. IT IS SO ORDERED. VAUGHN R WALKER United States District Chief Judge G:\PRO-SE\VRW\CR.09\Dean-09-1292-order of transfer.wpd 2

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