(PC) Broadnax v. Fernandez ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 COTTRELL BROADNAX, Case No. 22-cv-04363-JSW 10 Plaintiff, ORDER OF TRANSFER AND OF 11 v. PARTIAL DISMISSAL 12 KATHERINE FERNANDEZ, et al., Defendants. 13 14 Plaintiff, a California prisoner at Kern Valley State Prison proceeding pro se, has filed a 15 civil rights complaint under 42 U.S.C. § 1983. He claims that his sentence from Alameda County 16 Superior Court is unlawful. He also claims that disciplinary proceedings at his prison are 17 unlawful. Defendants are also located at Kern Valley State Prison. 18 Plaintiff’s claim regarding his unlawful sentence may not be brought in a civil rights 19 complaint. See Skinner v. Switzer, 562 U.S. 521, 533-34 (2011). He must bring such a claim in a 20 petition for a writ of habeas corpus. Id. Accordingly, this claim is DISMISSED without prejudice 21 to raising in a petition for a writ of habeas corpus. 22 The venue for Plaintiff’s claim challenging disciplinary proceedings at Kern Valley State 23 Prison is the Eastern District of California because Kern Valley State Prison lies with the venue of 24 the Eastern District of California, see 28 U.S.C. § 84, and the events giving rise to the complaint 25 occurred at Kern Valley State Prison, where Defendants are also located, see 28 U.S.C. §§ 26 1391(b), 1406(a). 27 // 1 Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C. § 2 1406(a), that this action be TRANSFERRED to the United States District Court for the Eastern 3 District of California. 4 The Clerk shall transfer this matter forthwith. 5 IT IS SO ORDERED. 6 || Dated: September 23, 2022 7 □□□ if | fé Nt 8 = JE FREY S. WHITE 9 /(Ynitey { States istrict Judge 10 VV 11 a 12 14 15 16 & 17 Z 18 19 20 21 22 23 24 25 26 27 28