Hernandez v. Community Hospital of General Hospital Release

Filing 3

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 11/6/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GILBERT ROBLES HERNANDEZ, JR.,
AKA GILBERT ROBLES, JR., ,

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No. C 12-5400 CW (PR)

Petitioner,

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ORDER OF DISMISSAL
v.
COMMUNITY HOSPITAL,

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Respondent.
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United States District Court
For the Northern District of California

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Petitioner, a state prisoner, has filed this pro se petition

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for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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not clear whether he is challenging the validity of his conviction

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or matters related to the conditions of his confinement.

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Northern District, however, is not the proper venue for either

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challenge.

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It is

The

A petition for a writ of habeas corpus filed by a state

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prisoner in a state that contains two or more federal judicial

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districts may be filed in either the district of confinement or

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the district of conviction.

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courts in California traditionally have chosen to hear petitions

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challenging a conviction or sentence in the district of

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conviction.

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Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.

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1968).

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Superior Court, which lies within the venue of the Central

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District of California.

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he seeks to challenge his state court conviction, jurisdiction is

See 28 U.S.C. § 2241(d).

Federal

See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D.

Here, Petitioner was convicted in Riverside County

See 28 U.S.C. § 84(c)(1).

Therefore, if

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more appropriate in the United States District Court for the

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Central District of California.

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Further, Petitioner is incarcerated at Kern Valley State

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Prison, which is located in Kern County and lies within the venue

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of the Eastern District of California.

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Thus, if Petitioner seeks to challenge the conditions of his

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confinement at Kern Valley State Prison, he must file a civil

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rights complaint in the Eastern District.

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§ 1391(b).

See 28 U.S.C. § 84(b).

See 28 U.S.C.

United States District Court
For the Northern District of California

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For the foregoing reasons, the petition is DISMISSED without

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prejudice to Petitioner’s refiling a petition and/or civil rights

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complaint in the appropriate court.

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The Clerk of the Court shall enter judgment and close the
file.
IT IS SO ORDERED.

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Dated: 11/6/2012

CLAUDIA WILKEN
United States District Judge

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