Bell v. Hedgpeth

Filing 11

ORDER TRANSFERRING CASE TO THE EASTERN DISTRICT OF CALIFORNIA.Signed by Judge Claudia Wilken on 04/19/2010. (scc, COURT STAFF) (Filed on 4/19/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 6, 2008, Petitioner Horace Bell, an inmate at Kern Valley State Prison (KVSP) in Delano, California, filed a petition for writ of mandamus. On June 12, 2009, the Court issued an Order v. A HEDGPETH, Defendant. / HORACE BELL, Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. 08-03770 CW ORDER TRANSFERRING CASE TO UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

of Dismissal with Leave to Amend in which it stated that it could not fairly evaluate the petition in its present state and that it was not apparent that Petitioner intended to file a petition for writ of habeas corpus rather than a civil rights complaint under 42 U.S.C. § 1983 challenging the conditions of his confinement. The

Court noted that Petitioner is incarcerated at KVSP which lies within the venue of the Eastern District of California and that claims seeking damages from KVSP employees for violating Petitioner's civil rights must be filed in the United States District Court for the Eastern District of California. dismissed the petition with leave to amend. The Court

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

on January 14, 2010, after being granted an extension of time, Petitioner filed an amended petition. On February 22, 2010, he Where the

filed a summary of exhibits for the amended petition.

form petition requires the listing of all claims, Petitioner has written: claim one, cruel and unusual punishment; claim two, inhumane oppressive treatment; and claim three, discrimination under the Americans with Disabilities Act. Petitioner indicates The

that further detail is provided in the attached documents.

exhibits indicate that these three claims address the conditions of Petitioner's confinement at KVSP. Plaintiff's claims regarding the deprivation of his civil rights at KVSP are properly brought in the Eastern District of California. See 28 U.S.C. § 1391(b). Plaintiff's case is, See In re Hall,

therefore, transferred to the Eastern District.

939 F.2d 802, 804 (9th Cir. 1991) (district court has discretion to either transfer or dismiss without prejudice claims brought in wrong venue). forthwith. The Clerk of the Court shall transfer the case

IT IS SO ORDERED.

DATED:

4/19/2010 CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Horace A. Bell #J-42454 Kern Valley State Prison C4-120 P O Box 6000 Delano, CA 93216 Dated: April 19, 2010 HORACE BELL, Plaintiff, v. A HEDGPETH et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-03770 CW CERTIFICATE OF SERVICE

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 19, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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