Boyd v. Smith

Filing 4

ORDER OF TRANSFER. Signed by Judge Jeremy Fogel on 6/16/06. (jfsec, COURT STAFF) (Filed on 6/16/2006)

Boyd v. Smith

Doc. 4

Case 5:06-cv-03634-JF

Document 4

Filed 06/16/2006

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**Original filed 6/16/06** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JAMES BOYD, vs. Petitioner,

MICHELLE SMITH, Respondent.

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No. C 06-3634 JF (PR) ORDER OF TRANSFER

Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on June 8, 2006. Petitioner is currently incarcerated at Red Onion State Prison in Pound, Virginia. The Court notes that Petitioner challenges a condition of his confinement, alleging that John C. Maxwell injured Plaintiff's knee with a weapon. Petitioner does not allege any claim concerning the validity or legality of his underlying conviction. A district court may construe a habeas petition by a prisoner attacking the conditions of his confinement as a civil rights action under 42 U.S.C. § 1983. See Wilwording v. Swenson, 404 U.S. 249, 251 (1971). Accordingly, this Court will construe the instant petition as a civil rights complaint pursuant to 42 U.S.C. § 1983.

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Dockets.Justia.com

Case 5:06-cv-03634-JF

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Filed 06/16/2006

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Because the events occurred at Red Onion State Prison in Pound, Virginia, which lies within the venue of the Western District of Virginia, venue properly lies in that district and not in this one. See 28 U.S.C. §§ 127, 1391(b). This case is therefore TRANSFERRED to the United States District Court for the Western District of Virginia. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule upon Plaintiff's motion for leave to proceed in forma pauperis (docket no. 2). The Clerk shall terminate all pending motions and transfer the entire file to the Western District of Virginia. IT IS SO ORDERED. DATED:
6/16/06

JEREMY FOGEL United States District Judge

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Case 5:06-cv-03634-JF

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A copy of this order was mailed to the following:

James Boyd 226451 Red Onion State Prison P.O. Box 1900 Pound, VA 24279

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