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

Good Law
United States District Court, Eastern District of CaliforniaApril 27, 20222:22-cv-00575California404 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRY RAY HORNBECK, No. 2:22-cv-0575 KJN P Petitioner, v. ORDER DEPARTMENT OF CORRECTIONS

AND REHABILITATION,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In this action, petitioner appears to challenge conditions of confinement rather than the validity of his conviction or sentence. Accordingly, the undersigned construes this action as a civil rights action pursuant to 42 U.S.C. § 1983. Petitioner is incarcerated in Calipatria State Prison. Calipatria State Prison is in Imperial County which lies in the United States District Court for the Southern District of California. The federal venue statute provides that a civil action “may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located, (2) a judicial district in which a…

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