Constable v. McCombre

Opinion

1 2 3 6 7 EDWARD HARRY CONSTABLE, Case No. 25-cv-02066-PCP aka BRITTANY H. CONSTABLE 8 Plaintiff, ORDER OF TRANSFER 9 v. 10 JEFF MCCOMBRE, 11 Defendant. 12

13 14 Petitioner, a state prisoner at Kern Valley State Prison, in Delano, California, filed a 15 petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1. Petitioner’s filing also 16 appears to raise civil rights claims. See id. Specifically, Petitioner challenges a conviction from 17 San Joaquin County Superior Court; the conditions of Petitioner’s confinement at Kern Valley 18 State Prison, California State Prison – Sacramento, and California State Prison – Stockton; and for 19 an attack that Petitioner suffered in a San Joaquin County courthouse. See id. at 3, 4, 6, 9, 10, 20. 20 To the extent Petitioner intends to pursue a habeas action, relief must be sought from the 21 Eastern District of California. Although venue for a habeas action is proper in either the district of 22 confinement or the district of conviction, 28 U.S.C. § 2241(d), petitions challenging a conviction 23 or sentence are preferably heard in the district of conviction, Habeas L.R. 2254-3(b)(1). See also 24 Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Because Petitioner challenges a 25 conviction from San Joaquin County, the Eastern District of California is the district of conviction 26 and that District is the appropriate venue for any habeas claims. See 28 U.S.C. § 84(b). 27 To the extent Petitioner intends to pursue civil rights claims, relief must be sought from the ] District of California. See generally Dkt. No. 1. Venue for any civil rights claims therefore would 2 be proper in the Eastern District of California and not in this one. See 28 U.S.C. § 1391(b) 3 (explaining that venue is appropriate in a judicial district where any defendant resides or where the 4 events at issue occurred). 5 Because the Eastern District of California is the appropriate venue whether the instant 6 action is construed as a habeas petition or as a civil rights lawsuit, this case is TRANSFERRED 7 to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). 8 The Clerk shall terminate all pending motions and transfer the entire file to the Eastern 9 District of California. 1] Dated: October 1, 2025 as 12

13 3 P. Casey Pitts 14 United States District Judge

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