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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LESLIE SMITH,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 21-cv-03203-JD
ORDER OF TRANSFER

v.

Re: Dkt. Nos. 2, 7
G. GUTIERREZ,
Defendant.

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Plaintiff, a federal prisoner, filed a habeas petition pursuant to 28 U.S.C. § 2241. A review

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of the filing indicates that plaintiff actually seeks relief regarding his medical condition and

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medical treatment by prison officials pursuant to Biven v. Six Unknown Named Agents, 403 U.S.

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388 (1971). Plaintiff presents allegations regarding treatment at FCI Lompoc and the defendants

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are employed at that prison. That facility is located within the venue of the United States District

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Court for the Central District of California. Because plaintiff is still incarcerated in the Central

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District and the defendants and incident occurred in the Central District, venue properly lies in that

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district and not in this one. See 28 U.S.C. § 1391(b).

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This case is TRANSFERRED to the United States District Court for the Central District

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of California. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule upon

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plaintiff’s motions (Docket Nos. 2, 7) which are VACATED.

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IT IS SO ORDERED.
Dated: June 4, 2021

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JAMES DONATO
United States District Judge