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Lafond v. Arviza

United States District Court, Eastern District of California
Jun 27, 2022
2:22-cv-1061 KJN P (E.D. Cal. Jun. 27, 2022)

Opinion

2:22-cv-1061 KJN P

06-27-2022

RAOUL LAFOND, Petitioner, v. M. ARVIZA, Respondent.


ORDER

KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE

Petitioner, a federal prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, together with a request to proceed in forma pauperis.

In his application, petitioner alleges denial of adequate medical care at Federal Correctional Institution (“FCI”) Mendota. Because petitioner challenges conditions of confinement, the undersigned construes this action as a Bivens action. Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971); Shook v. Apker, 472 Fed.Appx. 702, 702-03 (9th Cir. 2012) (regardless of the relief requested, federal prisoner's claims of inadequate medical care “concern the conditions of his confinement and are properly brought under Bivens”).

The alleged violations took place in Fresno County, which is part of the Fresno Division of the United States District Court for the Eastern District of California. See Local Rule 120(d).

Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper division of a court may, on the court's own motion, be transferred to the proper division of the court. Therefore, this action will be transferred to the Fresno Division of the court. In light of 1996 amendments to 28 U.S.C. § 1915, this court will not rule on petitioner's request to proceed in forma pauperis.

Good cause appearing, IT IS HEREBY ORDERED that:

1. This court has not ruled on petitioner's request to proceed in forma pauperis;

2. This action is transferred to the United States District Court for the Eastern District of California sitting in Fresno; and

3. All future filings shall reference the new Fresno case number assigned and shall be filed at:

United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721


Summaries of

Lafond v. Arviza

United States District Court, Eastern District of California
Jun 27, 2022
2:22-cv-1061 KJN P (E.D. Cal. Jun. 27, 2022)
Case details for

Lafond v. Arviza

Case Details

Full title:RAOUL LAFOND, Petitioner, v. M. ARVIZA, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jun 27, 2022

Citations

2:22-cv-1061 KJN P (E.D. Cal. Jun. 27, 2022)