Opinion
22-cv-5336 BLF (PR)
10-27-2022
BILLY DEAN PATTON, Petitioner, v. STIRLING PRICE, Respondent.
ORDER OF TRANSER
BETH LABSON FREEMAN United States District Judge
Petitioner, who is housed at the Atascadero State Hospital (“ASH”) in Atascadero, California, filed a letter which was construed as an attempt to file a civil action. Dkt. No. 1. Because this action was categorized as a mandamus action, Petitioner was directed to file a formal petition. Dkt. No. 2. Petitioner filed a “complaint for a civil case” on October 11, 2022. Dkt. No. 6. Petitioner seeks injunctive relief in the form of a transfer from ASH to another hospital due to alleged threats by ASH staff. Id. Accordingly, it appears that Petitioner is seeking to file a civil action pursuant to 42 U.S.C. § 1983.
Because the acts complained of occurred in San Luis Obispo County, which lies within the venue of the Western Division for the Central District of California, see 28 U.S.C. § 84(c), venue properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is TRANSFERRED to the United States District Court for the Central District of California. See 28 U.S.C. § 1406(a).
The Clerk shall terminate all pending motions and transfer the entire file to the Western Division for the Central District of California.
IT IS SO ORDERED.