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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAHDEE ADUL AKBAR,
Plaintiff,

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Case No. 17-cv-00119-MEJ (PR)
ORDER OF TRANSFER

v.
JENNIFER BARRETTO,
Defendant.

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United States District Court
Northern District of California

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This case was opened when plaintiff, who is incarcerated at the California Health Care

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Facility (“CHCF”) in Stockton, California, filed a document entitled, “Petition for Habeas.”

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Plaintiff’s various complaints, however, allege civil rights claims in that he complains about the

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conditions of his confinement rather than the fact of his confinement or the length of it.

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Specifically, he complains of inadequate medical care and due process violations.

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CHCF is located within the venue of the United States District Court for the Eastern

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District of California. Venue for civil rights claims concerning the conditions of confinement at

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CHCF therefore lies in that district. See 28 U.S.C. § 1391. Accordingly, and in the interests of

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justice, this case is TRANSFERRED to the United States District Court for the Eastern District of

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California. See §§ 28 U.S.C. 1404(a), 1406(a). The Clerk shall transfer this matter forthwith.

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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

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MARIA-ELENA JAMES
United States Magistrate Judge