Hill v. Allenby, et al.

Filing 8

ORDER TRANSFERRING CASE: This case is transferred to the United States District Court for the Eastern District of California. The Clerk shall transfer the case forthwith. Signed by Magistrate Judge Donna M. Ryu on 12/23/14. (Attachments: # 1 Certificate/Proof of Service)(ig, COURT STAFF) (Filed on 12/23/2014) [Transferred from cand on 12/24/2014.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

United States District Court
For the Northern District of California

ORDER OF TRANSFER

vs.
CLIFF ALLENBY, et al.,

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Defendants.

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No. C 14-05278 DMR (PR)

JAMES QUINCY HILL,

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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 December 2, 2014, he filed a complaint under 42 U.S.C. § 1983, complaining about the

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conditions of his confinement at Coalinga. He also filed a motion for leave to proceed in forma

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pauperis.

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On the same date, the Clerk of the Court notified Plaintiff in writing that this matter has been
assigned to the undersigned Magistrate Judge.
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 of

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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 San Francisco County. Challenges to the

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assessment itself are the province of a habeas petition, not a civil rights action, because they

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implicate the validity of his detention. See Hill v. McDonough, 547 U.S. 573, 579 (2006)

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(challenges to the lawfulness of confinement or to particulars affecting its duration are the province

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of habeas corpus); Nelson v. Sandritter, 351 F.2d 284, 285 (9th Cir. 1965) (constitutionality of state

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civil commitment proceedings are challenged in federal habeas corpus once state remedies have

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been exhausted). Plaintiff may challenge the validity of his assessment in this Court, but he must do

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so by way of a habeas petition filed in a separate action from the instant civil rights case, after

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exhausting state judicial remedies.

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Accordingly, and in the interests of justice, this case is TRANSFERRED to the United States

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District Court for the Eastern District of California.1 See 28 U.S.C. 1404(a), 1406(a). The Clerk

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shall transfer the case forthwith.

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United States District Court
For the Northern District of California

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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 23, 2014

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DONNA M. RYU
United States Magistrate Judge

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Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the
jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).
P:\PRO-SE\DMR\CR.14\Hill5278.transfer.wpd

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