(HC) Hornbeck v. Dept. of Corrections and Rehabilitation ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRY RAY HORNBECK, No. 2:22-cv-0575 KJN P 12 Petitioner, 13 v. ORDER 14 DEPARTMENT OF CORRECTIONS AND REHABILITATION, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. 20 In this action, petitioner appears to challenge conditions of confinement rather than the 21 validity of his conviction or sentence. Accordingly, the undersigned construes this action as a 22 civil rights action pursuant to 42 U.S.C. § 1983. 23 Petitioner is incarcerated in Calipatria State Prison. Calipatria State Prison is in Imperial 24 County which lies in the United States District Court for the Southern District of California. 25 The federal venue statute provides that a civil action “may be brought in (1) a judicial 26 district in which any defendant resides, if all defendants are residents of the State in which the 27 district is located, (2) a judicial district in which a substantial part of the events or omissions 28 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 1 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 2 || this action, any judicial district in which any defendant is subject to the court’s personal 3 || jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 4 In this case, petitioner’s claims arose in Imperial County which is in the Southern District 5 || of California. Therefore, petitioner’s claims should have been filed in the United States District 6 || Court for the Southern District of California. In the interest of justice, a federal court may 7 || transfer a civil rights action filed in the wrong district to the correct district. See 28 U.S.C. 8 | § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 9 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 10 || transferred to the United States District Court for the Southern District of California. 11 || Dated: April 27, 2022 Aectl Aharon 13 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 14 15 horn0575.108b 16 17 18 19 20 21 22 23 24 25 26 27 28