Smith v. Gutierrez

Filing 11

ORDER TRANSFERRING CASE. Signed by Judge James Donato on 6/4/2021. (lrcS, COURT STAFF) (Filed on 6/4/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHRISTOPHER LESLIE SMITH, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 21-cv-03203-JD ORDER OF TRANSFER v. Re: Dkt. Nos. 2, 7 G. GUTIERREZ, Defendant. 12 13 Plaintiff, a federal prisoner, filed a habeas petition pursuant to 28 U.S.C. § 2241. A review 14 of the filing indicates that plaintiff actually seeks relief regarding his medical condition and 15 medical treatment by prison officials pursuant to Biven v. Six Unknown Named Agents, 403 U.S. 16 388 (1971). Plaintiff presents allegations regarding treatment at FCI Lompoc and the defendants 17 are employed at that prison. That facility is located within the venue of the United States District 18 Court for the Central District of California. Because plaintiff is still incarcerated in the Central 19 District and the defendants and incident occurred in the Central District, venue properly lies in that 20 district and not in this one. See 28 U.S.C. § 1391(b). 21 This case is TRANSFERRED to the United States District Court for the Central District 22 of California. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule upon 23 plaintiff’s motions (Docket Nos. 2, 7) which are VACATED. 24 25 IT IS SO ORDERED. Dated: June 4, 2021 26 27 28 JAMES DONATO United States District Judge

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