Opinion
No. C 03-4424 WHA (PR)
October 7, 2003
ORDER OF TRANSFER
This case was opened when plaintiff filed a document headed "Request Under the Civil Rights Act, 42 U.S.C. § 1983 §§ 28 U.S.C. § 2254." It is not clear whether he intends to file a civil rights case or a habeas case, and it is possible that he wishes to file a combination of both.
In any event, petitioner is incarcerated in Stockton, which is in the Eastern District of California, and his complaints involve the charges against him and the conduct of criminal proceedings. Considered as a civil rights case, the acts complained of occurred in Stockton, and any potential defendants thus would appear to reside in the Eastern District. Considered as a habeas case, the district of confinement, and the district where the charges are pending, is the Eastern District. Venue, therefore, properly lies in that district and not in this one.
This case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule upon plaintiff's request for leave to proceed in forma pauperis.
IT IS SO ORDERED.