Butte v. Solano County Jail Mental Health Hospital

Filing 5

ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on December 16, 2016. (Attachments: # 1 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 12/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSE BUTTE,
Petitioner,

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Case No. 16-cv-06780-JST (PR)
ORDER OF TRANSFER

v.
SOLANO COUNTY JAIL MENTAL
HEALTH HOSPITAL,
Respondent.

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United States District Court
Northern District of California

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Jesse Butte, an inmate at the Solano County Justice Center Detention Facility proceeding

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pro se, has filed a petition for a writ of habeas corpus, seeking to challenge a sentence imposed

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and/or a civil commitment imposed in the Solano County Superior Court. Petitioner also appears

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to raise civil rights claims relating to false imprisonment and denial of medical care.

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Venue is proper in a habeas action in either the district of confinement or the district of

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conviction, see 28 U.S.C. § 2241(d). Here, the commitment proceedings and/or conviction took

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place in Solano County, which is in the Eastern District of California. In addition, to the extent

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Butte is raising a civil rights claim, the acts complained of also occurred within the venue of the

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Eastern District of California, making that the proper venue. See 28 U.S.C. § 1391(b).

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Accordingly, this case is TRANSFERRED to the Eastern District of California. See 28

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U.S.C. § 1404(a). In light of this transfer, the pending motion (dkt. no. 3) to proceed in forma

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pauperis is deferred to the Eastern District. The Clerk shall transfer this action forthwith.

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IT IS SO ORDERED.
Dated: December 16, 2016
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JON S. TIGAR
United States District Judge