Fisher v. Allenby, et al.
Filing
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ORDER TRANSFERRING CASE TO U.S. DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA. Signed by Judge Yvonne Gonzalez Rogers on 12/22/14. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 12/22/2014)[Transferred from cand on 12/23/2014.]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JEFFREY FISHER,
Case No. 14-cv-05089-YGR (PR)
Plaintiff,
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ORDER OF TRANSFER
v.
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CLIFF ALLENBY, et al.,
Defendants.
United States District Court
Northern District of California
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Plaintiff, who is proceeding pro se, is a civil detainee at the Coalinga State Hospital
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(“Coalinga”), in Coalinga, California. He is detained pursuant to California’s Sexually Violent
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Predator Act (“SVPA”).
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On November 18, 2014, he filed a complaint under 42 U.S.C. § 1983, complaining about
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the conditions of his confinement at Coalinga. He also filed a motion for leave to proceed in
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forma pauperis.
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Here, Defendants are officials of Coalinga and of the California Department of Corrections
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and Rehabilitation in Sacramento, California. Both Coalinga and Sacramento lie within the venue
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of the United States District Court for the Eastern District of California. Venue for this case is
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therefore proper in the Eastern District. See 28 U.S.C. § 1391.
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Petitioner also complains about the validity of his assessment as a sexually violent predator
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under the SVPA, which assessment took place in Butte County. Challenges to the assessment
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itself are the province of a habeas petition, not a civil rights action, because they implicate the
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validity of his detention. See Hill v. McDonough, 547 U.S. 573, 579 (2006) (challenges to the
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lawfulness of confinement or to particulars affecting its duration are the province of habeas
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corpus); Nelson v. Sandritter, 351 F.2d 284, 285 (9th Cir. 1965) (constitutionality of state civil
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commitment proceedings are challenged in federal habeas corpus once state remedies have been
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exhausted). Plaintiff may challenge the validity of his assessment in the United States District
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Court for the Eastern District of California,1 but he must do so by way of a habeas petition filed in
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a separate action from the instant civil rights case, after exhausting state judicial remedies.
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Accordingly, and in the interests of justice, this case is TRANSFERRED to the United
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States District Court for the Eastern District of California. See 28 U.S.C. 1404(a), 1406(a). The
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Clerk shall transfer the case forthwith.
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All remaining motions are TERMINATED on this Court’s docket as no longer pending in
this district.
IT IS SO ORDERED.
Dated: December 22, 2014
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YVONNE GONZALEZ ROGERS
United States District Judge
United States District Court
Northern District of California
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Butte County lies within the venue of the Eastern District as well. See 28 U.S.C. § 84.
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