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

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA EDWARD HARRY CONSTABLE, Case No. 25-cv-02066-PCP aka BRITTANY H. CONSTABLE Plaintiff, ORDER OF TRANSFER v. JEFF MCCOMBRE, Defendant.

14 Petitioner, a state prisoner at Kern Valley State Prison, in Delano, California, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. No. 1. Petitioner’s filing also appears to raise civil rights claims. See id. Specifically, Petitioner challenges a conviction from San Joaquin County Superior Court; the conditions of Petitioner’s confinement at Kern Valley State Prison, California State Prison – Sacramento, and California State Prison – Stockton; and for 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 Eastern District of California. Although venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d), petitions challenging a conviction or sentence are preferably heard in the district of conviction, Habeas L.R. 2254-3(b)(1). See also Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Because Petitioner challenges a conviction from San Joaquin County, the Eastern District of California is the district of conviction 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 || be proper in the Eastern District of California and not in this one. See 28 U.S.C. § 1391(b) (explaining that venue is appropriate in a judicial district where any defendant resides or where the || events at issue occurred).

5 Because the Eastern District of California is the appropriate venue whether the instant || action is construed as a habeas petition or as a civil rights lawsuit, this case is TRANSFERRED || 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 || District of California.

10 IT IS SO ORDERED.

1] Dated: October 1, 2025 as 12 3 P. Casey Pitts 14 United States District Judge

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