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