Raul De La Torre v. Todd M. Lyons, et al.

Summary

The United States District Court for the Northern District of California vacated a temporary restraining order and dismissed a habeas petition without prejudice. The court concluded that it lacked jurisdiction because the petitioner had been detained in the Eastern District of California, and noted that the petitioner had been released from custody.

Holdings

1. The Northern District of California lacked jurisdiction to issue the temporary restraining order because a habeas petition must be entertained in the district of confinement, and Petitioner was detained in the Eastern District of California.
2. Sections 1404(a) and 1406(a) did not authorize transfer because they permit transfer only to a district where the action might have been brought, and the habeas petition could not have been brought in the Northern District of California.
3. The petition was dismissed without prejudice after Petitioner was released from custody and was no longer in custody.

Questions Presented

1. Whether the Northern District of California had jurisdiction to issue the temporary restraining order when Petitioner was detained in the Eastern District of California.
2. Whether 28 U.S.C. §§ 1404(a) or 1406(a) authorized transfer of the habeas petition to the Northern District of California.
3. Whether the habeas petition should be dismissed after Petitioner was released from custody.

Disposition

dismissed