Gray v. Schwarzenegger Doc.

5
Case 3:07-cv-05548-PJH Document 5 Filed 11/05/2007 Page 1 of 1

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2
3 UNITED STATES DISTRICT COURT
4 NORTHERN DISTRICT OF CALIFORNIA
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6 GREGORY LEE GRAY,
7 Plaintiff, No. C 07-5548 PJH (PR)
8 v. ORDER OF TRANSFER
9 ARNOLD SCHWARZENEGGER,
Governor,
10
Defendant.
United States District Court

11 /
For the Northern District of California

12 This is a civil rights case brought pro se by a state prisoner who is housed at Mule
13 Creek State Prison. Plaintiff contends that overcrowding has caused the prison health care
14 system to be inadequate, that he is innocent of the crime of which he was convicted, that
15 his plea bargain was breached, and that there was “clear sentencing error.” The last two of
16 these claims are claims which can be brought only in a habeas corpus proceeding, and so
17 are DISMISSED without prejudice to bringing them in a habeas case. See Preiser v.
18 Rodriguez, 411 U.S. 475, 500 (1973). The remaining claim, that overcrowding violated
19 plaintiff’s rights, involves conditions at the prison where he is confined, which is in the
20 venue of the United States District Court for the Eastern District of California. The
21 preferable venue for this case thus is the Eastern District. See 28 U.S.C. § 1391(b).
22 This case is TRANSFERRED to the United States District Court for the Eastern
23 District of California. See 28 U.S.C. § 1404(a). In view of the transfer, the court will not
24 rule upon plaintiff's motions for leave to proceed in forma pauperis, for convocation of a
25 three-judge panel, and for a stay.
26 IT IS SO ORDERED.
27 Dated: November 5, 2007.
PHYLLIS J. HAMILTON
28 United States District Judge
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