Welch v. Allenby et al

Filing 8

ORDER OF TRANSFER. Signed by Judge Thelton E. Henderson on 01/21/2015. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 1/21/2015) [Transferred from cand on 1/23/2015.]

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 KENDYL WELCH, 11 No C-14-5223 TEH (PR) Plaintiff. ORDER OF TRANSFER 12 13 14 v. CLIFF ALLENBY, et al., Defendants. / 15 16 Plaintiff is a civil detainee at the Coalinga State 17 Hospital ("Coalinga") proceeding pro se. 18 California's Sexually Violent Predator Act ("SVPA"). 19 complaint under 42 U.S.C. § 1983, complaining about the conditions 20 of his confinement at Coalinga. 21 Coalinga and of the California Department of Corrections and 22 Rehabilitation in Sacramento. 23 within the venue of the United States District Court for the Eastern 24 District of California. 25 the Eastern District. 26 27 28 He is detained pursuant to He has filed a Defendants are officials of Both Coalinga and Sacramento lie Venue for this case is therefore proper in See 28 U.S.C. § 1391. Petitioner also complains about the validity of his assessment as a sexually violent predator under the SVPA, which 1 assessment took place in San Francisco County. 2 assessment itself are the province of a habeas petition, not a civil 3 rights action, because they implicate the validity of his detention. 4 See Hill v. McDonough, 547 U.S. 573, 579 (2006) (challenges to the 5 lawfulness of confinement or to particulars affecting its duration 6 are the province of habeas corpus); Nelson v. Sandritter, 351 F.2d 7 284, 285 (9th Cir. 1965) (constitutionality of state civil 8 commitment proceedings are challenged in federal habeas corpus once 9 state remedies have been exhausted). Challenges to the Plaintiff may challenge the 10 validity of his assessment in this court, but he must do so by way 11 of a habeas petition filed in a separate action from the instant 12 civil rights case, after exhausting state judicial remedies. 13 Accordingly, and in the interests of justice, this case is 14 TRANSFERRED to the United States District Court for the Eastern 15 District of California. 16 of this transfer, the pending motion (dkt. 3) to proceed in forma 17 pauperis is deferred to the Eastern District. 18 19 pending motions as moot and close the file. IT IS SO ORDERED. DATED 01/21/2015 THELTON E. HENDERSON United States District Judge 22 23 24 25 26 27 28 In light The Clerk shall transfer this matter, terminate all 20 21 See 28 U.S.C. 1404(a), 1406(a). G:\PRO-SE\TEH\CR.14\Welch 14-5223 Transfer.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?