Kibunguchy

Kibunguchy v. Shnider

Good Law
United States District Court, Northern District of CaliforniaFebruary 28, 20203:19-cv-07950California459 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHRIS W. KIBUNGUCHY, Case No. 19-cv-07950-VC (PR)

Petitioner,

ORDER OF TRANSFER

v.

SMY SHNIDER, et al., Respondents.

Chris W. Kibunguchy, a California inmate incarcerated at the California Medical Facility located in Vacaville, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The allegations in the petition appear to be attempting to state civil rights claims against personnel at the California Medical Facility. Whether this filing is considered to be a habeas petition or a civil rights complaint, it must be transferred to the Eastern District of California. A federal petition for a writ of habeas corpus made by a person in custody under the judgment and sentence of a state court is properly filed in either the district of confinement or the district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may transfer the petition to the proper district in the furtherance of justice. Id. Federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. …

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