Boyd v. Smith Doc.

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Case 5:06-cv-03634-JF Document 4 Filed 06/16/2006 Page 1 of 3

**Original filed 6/16/06**

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NOT FOR CITATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES BOYD, ) No. C 06-3634 JF (PR)
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Petitioner, ) ORDER OF TRANSFER
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MICHELLE SMITH, )
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Respondent. )
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Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant
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to 28 U.S.C. § 2254 on June 8, 2006. Petitioner is currently incarcerated at Red Onion
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State Prison in Pound, Virginia. The Court notes that Petitioner challenges a condition of
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his confinement, alleging that John C. Maxwell injured Plaintiff’s knee with a weapon.
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Petitioner does not allege any claim concerning the validity or legality of his underlying
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conviction.
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A district court may construe a habeas petition by a prisoner attacking the
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conditions of his confinement as a civil rights action under 42 U.S.C. § 1983. See
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Wilwording v. Swenson, 404 U.S. 249, 251 (1971). Accordingly, this Court will construe
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the instant petition as a civil rights complaint pursuant to 42 U.S.C. § 1983.
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Order of Transfer
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Dockets.Justia.com
 Case 5:06-cv-03634-JF Document 4 Filed 06/16/2006 Page 2 of 3

1 Because the events occurred at Red Onion State Prison in Pound, Virginia, which lies
2 within the venue of the Western District of Virginia, venue properly lies in that district
3 and not in this one. See 28 U.S.C. §§ 127, 1391(b).
4 This case is therefore TRANSFERRED to the United States District Court for the
5 Western District of Virginia. See 28 U.S.C. § 1406(a). In view of the transfer, the Court
6 will not rule upon Plaintiff’s motion for leave to proceed in forma pauperis (docket no. 2).
7 The Clerk shall terminate all pending motions and transfer the entire file to the Western
8 District of Virginia.
9 IT IS SO ORDERED.
10 DATED: 6/16/06
JEREMY FOGEL
11 United States District Judge
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Order of Transfer
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 Case 5:06-cv-03634-JF Document 4 Filed 06/16/2006 Page 3 of 3

1 A copy of this order was mailed to the following:

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3 James Boyd
226451
4 Red Onion State Prison
P.O. Box 1900
5 Pound, VA 24279
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Order of Transfer
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