(HC) Houston v. North Kern State Prison

Good Law
United States District Court, Eastern District of CaliforniaJune 23, 20211:21-cv-00954California494 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY XAVIER HOUSTON, No. 1:21-cv-00954-JLT (HC) Petitioner, ORDER TRANSFERRING CASE TO THE

UNITED STATES DISTRICT COURT FOR

v. THE NORTHERN DISTRICT OF

CALIFORNIA

NORTH KERN STATE PRISON,

Respondent.

16 Petitioner initiated this action by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) Petitioner is currently incarcerated in Kern County, which is located within the jurisdiction and venue of this court’s Fresno Division. However, Petitioner was convicted in the Monterey County Superior Court which is located within the jurisdiction and venue of the San Jose Division of the United States District Court for the Northern District of California. Petitioner appears to challenge the conditions of his confinement while he was a pretrial detainee held in the Monterey County Jail. (See generally Doc. 1). The federal venue statute requires that a civil action, other than one based on…

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