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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 GILBERT ROBLES HERNANDEZ, JR., AKA GILBERT ROBLES, JR., , 5 No. C 12-5400 CW (PR) Petitioner, 6 7 ORDER OF DISMISSAL v. COMMUNITY HOSPITAL, 8 9 Respondent. ________________________________/ United States District Court For the Northern District of California 10 11 Petitioner, a state prisoner, has filed this pro se petition 12 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 13 not clear whether he is challenging the validity of his conviction 14 or matters related to the conditions of his confinement. 15 Northern District, however, is not the proper venue for either 16 challenge. 17 It is The A petition for a writ of habeas corpus filed by a state 18 prisoner in a state that contains two or more federal judicial 19 districts may be filed in either the district of confinement or 20 the district of conviction. 21 courts in California traditionally have chosen to hear petitions 22 challenging a conviction or sentence in the district of 23 conviction. 24 Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 25 1968). 26 Superior Court, which lies within the venue of the Central 27 District of California. 28 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 1 more appropriate in the United States District Court for the 2 Central District of California. 3 Further, Petitioner is incarcerated at Kern Valley State 4 Prison, which is located in Kern County and lies within the venue 5 of the Eastern District of California. 6 Thus, if Petitioner seeks to challenge the conditions of his 7 confinement at Kern Valley State Prison, he must file a civil 8 rights complaint in the Eastern District. 9 § 1391(b). See 28 U.S.C. § 84(b). See 28 U.S.C. United States District Court For the Northern District of California 10 For the foregoing reasons, the petition is DISMISSED without 11 prejudice to Petitioner’s refiling a petition and/or civil rights 12 complaint in the appropriate court. 13 14 15 The Clerk of the Court shall enter judgment and close the file. IT IS SO ORDERED. 16 17 18 Dated: 11/6/2012 CLAUDIA WILKEN United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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