Edward Harry Constable aka Brittany H. Constable v. Jeff McCombre

Summary

The United States District Court for the Northern District of California transferred a prisoner’s filing to the Eastern District of California. The court concluded that the Eastern District was the appropriate venue for both the petitioner’s habeas claims challenging a San Joaquin County conviction and any related civil rights claims concerning confinement conditions and an alleged courthouse attack.

Holdings

1. The Eastern District of California was the appropriate venue for claims challenging Petitioner's San Joaquin County conviction because it is the district of conviction, even though habeas venue may also be proper in the district of confinement.
2. The Eastern District of California was the proper venue for the apparent civil-rights claims because the events at issue occurred there and venue was not proper in the Northern District of California.
3. The action was transferred to the United States District Court for the Eastern District of California under 28 U.S.C. § 1406(a).

Questions Presented

1. Whether venue for the habeas claims was proper in the Northern District of California or should be transferred to the Eastern District of California.
2. Whether venue for the apparent civil-rights claims was proper in the Northern District of California or should be transferred to the Eastern District of California.

Disposition

transferred