(HC) Jones v. Newsom ( 2020 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 KEVIN WALKER JONES, Case No. 20-cv-07154-KAW (PR) 7 Petitioner, ORDER OF TRANSFER v. 8 9 GAVIN NEWSOM, et al., Respondents. 10 11 Petitioner, a state prisoner housed at Kern Valley State Prison (“KVSP”) proceeding pro 12 se, filed a document entitled, “Notice of Objection and Reconsideration Petition for Writ of 13 Habeas Corpus,” which appears to be alleging claims against medical personnel at KVSP for 14 ordering the involuntary administration of psychiatric medication. He is also challenging the 15 September 8, 2020 order by an administrative law judge authorizing the involuntary 16 administration of psychiatric medication. 17 This action may be either a habeas or civil rights action. In either case, it must be 18 transferred to the Eastern District of California. 19 A federal petition for a writ of habeas corpus made by a person in custody under the 20 judgment and sentence of a state court is properly filed in either the district of confinement or the 21 district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may 22 transfer the petition to the proper district in the furtherance of justice. Id. Federal courts in 23 California traditionally have chosen to hear petitions challenging a conviction or sentence in the 24 district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 25 However, because petitioner is challenging the conditions at his prison, the proper district in this 26 case is the district of confinement. KVSP is in Kern County, which is in the Eastern District of 27 California. Therefore, if this case is a habeas action, it must be transferred to the Eastern District. 1 founded solely on diversity, venue is proper in the district in which (1) any defendant resides, if all 2 of the defendants reside in the same State, (2) the district in which a substantial part of the events 3 or omissions giving rise to the claim occurred, or a substantial part of property that is the subject 4 || of the action is situated, or (3) a judicial district in which any defendant may be found, if there is 5 no district in which the action may otherwise be brought. See 28 U.S.C. § 1391(b). 6 The acts complained of in this complaint occurred at KVSP, which is in the Eastern 7 District of California. Furthermore, many of the named defendants reside in the Eastern District 8 of California. Therefore, if this is a civil rights complaint, venue properly lies in the Eastern 9 District of California. See 28 U.S.C. § 1391(b). 10 The Clerk of the Court shall terminate any pending motions and transfer this case to the 11 Eastern District of California. 12 13 IT IS SO ORDERED. 14 Dated: November 6, 2020 . ANDIS A. WESTMORE = 16 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28