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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JESSE BUTTE, Petitioner, 6 7 8 9 Case No. 16-cv-06780-JST (PR) ORDER OF TRANSFER v. SOLANO COUNTY JAIL MENTAL HEALTH HOSPITAL, Respondent. 10 United States District Court Northern District of California 11 12 Jesse Butte, an inmate at the Solano County Justice Center Detention Facility proceeding 13 pro se, has filed a petition for a writ of habeas corpus, seeking to challenge a sentence imposed 14 and/or a civil commitment imposed in the Solano County Superior Court. Petitioner also appears 15 to raise civil rights claims relating to false imprisonment and denial of medical care. 16 Venue is proper in a habeas action in either the district of confinement or the district of 17 conviction, see 28 U.S.C. § 2241(d). Here, the commitment proceedings and/or conviction took 18 place in Solano County, which is in the Eastern District of California. In addition, to the extent 19 Butte is raising a civil rights claim, the acts complained of also occurred within the venue of the 20 Eastern District of California, making that the proper venue. See 28 U.S.C. § 1391(b). 21 Accordingly, this case is TRANSFERRED to the Eastern District of California. See 28 22 U.S.C. § 1404(a). In light of this transfer, the pending motion (dkt. no. 3) to proceed in forma 23 pauperis is deferred to the Eastern District. The Clerk shall transfer this action forthwith. 24 25 26 27 28 IT IS SO ORDERED. Dated: December 16, 2016 ______________________________________ JON S. TIGAR United States District Judge

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