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N.D. Cal.Procedural orderFiled Nov. 2, 2021

King v. United States Penitentiary

Judge
Robert Illman
Docket
1:21-cv-08310
Court
U.S. District Court · Northern District of California
Pages
1
Civil ProcedureHabeasPro Se
In one sentence

In King v. United States Penitentiary, Judge Illman transferred King’s confinement-conditions case to the Central District of California.

Who this affects

Darrel King and the United States Penitentiary; the case was transferred from the Northern District of California to the Central District of California.

What happened

Darrel King, a federal prisoner representing himself, filed a petition seeking relief from his confinement. The court determined that his allegations concerned the conditions of his confinement at the United States Penitentiary in Victorville.

The court concluded that the case belonged in the Central District of California because the events occurred there and the relevant parties resided there. It transferred the case to that district.

Judge Robert M. Illman ordered the transfer under the federal venue statute. The order did not decide the underlying allegations.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
King v. United States Penitentiary · No. 1:21-cv-08310
Judge
Robert Illman
Date
Nov. 2, 2021

Background

Darrel King, a federal prisoner proceeding without a lawyer, filed a petition identified as a request for habeas relief. After reviewing the filing, the court determined that King was seeking relief concerning the conditions of his confinement under Bivens v. Six Unknown Federal Narcotics Agents. The allegations concerned events at the United States Penitentiary Victorville, where King was incarcerated.

Venue

The court concluded that venue—the proper federal district for the case—was in the Central District of California rather than the Northern District of California. The events underlying the complaint occurred in the Central District, and the opinion states that King and the defendants resided there. The court cited 28 U.S.C. § 1391(b).

Ruling

Under 28 U.S.C. § 1406(a), the court transferred the case to the United States District Court for the Central District of California. The order did not decide the merits of King’s allegations.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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