Akbar v. Barretto

Filing 4

ORDER OF TRANSFER. Signed by Magistrate Judge Maria-Elena James on 1/19/2017. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 1/19/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MAHDEE ADUL AKBAR, Plaintiff, 6 7 8 9 Case No. 17-cv-00119-MEJ (PR) ORDER OF TRANSFER v. JENNIFER BARRETTO, Defendant. 10 United States District Court Northern District of California 11 This case was opened when plaintiff, who is incarcerated at the California Health Care 12 Facility (“CHCF”) in Stockton, California, filed a document entitled, “Petition for Habeas.” 13 Plaintiff’s various complaints, however, allege civil rights claims in that he complains about the 14 conditions of his confinement rather than the fact of his confinement or the length of it. 15 Specifically, he complains of inadequate medical care and due process violations. 16 CHCF is located within the venue of the United States District Court for the Eastern 17 District of California. Venue for civil rights claims concerning the conditions of confinement at 18 CHCF therefore lies in that district. See 28 U.S.C. § 1391. Accordingly, and in the interests of 19 justice, this case is TRANSFERRED to the United States District Court for the Eastern District of 20 California. See §§ 28 U.S.C. 1404(a), 1406(a). The Clerk shall transfer this matter forthwith. 21 22 23 24 Because it has construed this case as a civil rights action, the Court directs the Clerk to recode this case under the following nature of suit: “555 Prisoner: Prison Condition.” IT IS SO ORDERED. Dated: January 19, 2017 25 26 27 28 MARIA-ELENA JAMES United States Magistrate Judge

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