Saucedo v. King, et al.
Filing
10
ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 3/9/15. (lrcS, COURT STAFF) (Filed on 3/9/2015) [Transferred from cand on 3/11/2015.]
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
CARLITOS G. SAUCEDO,
Case No. 14-cv-05096-JD
Plaintiff,
8
v.
ORDER OF TRANSFER
9
10
AUDREY KING, et al.,
Defendants.
United States District Court
Northern District of California
11
12
13
Plaintiff, a civil detainee, has filed a civil rights action under 42 U.S.C. § 1983. He is
14
civilly committed pursuant to California’s Sexually Violent Predators Act (SVPA). See Cal. Welf.
15
& Inst. Code 6600, et seq. Plaintiff is committed in Coalinga, CA which is located in the Eastern
16
District of California. The underlying commitment proceeding occurred in San Mateo County,
17
which is in this district.
18
Plaintiff claims that SVPA’s “assessment methodology” for predicting recidivism, and
19
SVPA’s failure to provide sexually violent predators with outpatient treatment, are
20
unconstitutional. Plaintiff seeks declaratory relief and an injunction preventing defendants – all
21
current or former officials of California’s Department of State Hospitals (formerly known as the
22
Department of Mental Health) – from holding civil detainees under SVPA until defendants are
23
able to offer them outpatient treatment.
24
“‘Federal law opens two main avenues to relief on complaints related to imprisonment: a
25
petition for habeas corpus, 28 U.S.C. § 2254, and a complaint under the Civil Rights Act of 1871,
26
Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983. Challenges to the lawfulness of confinement or
27
to particulars affecting its duration are the province of habeas corpus.’” Hill v. McDonough, 547
28
U.S. 573, 579 (2006) (quoting Muhammad v. Close, 540 U.S. 749, 750 (2004)). “An inmate’s
1
2
challenge to the circumstances of his confinement, however, may be brought under § 1983.” Id.
Habeas is the “exclusive remedy” for the prisoner who seeks “‘immediate or speedier
3
release’” from confinement. Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011) (quoting Wilkinson
4
v. Dotson, 544 U.S. 74, 82 (2005)); see Calderon v. Ashmus, 523 U.S. 740, 747 (1998); Edwards
5
v. Balisok, 520 U.S. 641, 648 (1997); Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). “Where the
6
prisoner’s claim would not ‘necessarily spell speedier release,’ however, suit may be brought
7
under § 1983.” Skinner, 131 S. Ct. at 1293 (quoting Wilkinson, 544 U.S. at 82). As a
8
consequence, challenges to prison conditions traditionally have been cognizable only via § 1983,
9
while challenges implicating the fact or duration of confinement must be brought through a habeas
10
United States District Court
Northern District of California
11
petition. Docken v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004).
Although plaintiff is a civilly committed patient, rather than a criminally convicted
12
prisoner, the habeas versus § 1983 proper remedy distinction also applies. Compare Hubbart v.
13
Knapp, 379 F.3d 773, 779-81 (9th Cir. 2004) (upholding constitutionality of SVPA against habeas
14
challenge under 28 U.S.C. § 2254) with Hydrick v. Hunter, 669 F.3d 937, 941-42 (9th Cir. 2012)
15
(accepting defendants’ qualified immunity defense to civil committees’ § 1983 challenge to their
16
conditions of confinement). Consequently, to the extent that plaintiff seeks relief that would
17
entitle him to immediate or earlier release from his civil commitment, he must file a petition for a
18
writ of habeas corpus under 28 U.S.C. § 2254 after exhausting state judicial remedies. See
19
Skinner, 131 S. Ct. at 1293; see also Nelson v. Sandritter, 351 F.2d 284, 285 (9th Cir. 1965)
20
(constitutionality of state civil commitment proceedings may be challenged in federal habeas
21
corpus after state judicial remedies have been exhausted). And to the extent that plaintiff seeks
22
relief that may be construed as not necessarily requiring speedier release from his civil
23
commitment, his § 1983 action must be brought in the Eastern District of California, where
24
plaintiff is civilly committed at Coalinga State Hospital and where all named defendants reside.
25
See 28 U.S.C. §§ 84(b), 1391(b).
26
27
28
2
1
This case is TRANSFERRED to the United States District Court for the Eastern District
of California. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule upon
2
plaintiff’s request for leave to proceed in forma pauperis.
3
4
5
6
7
IT IS SO ORDERED.
Dated: March 9, 2015
______________________________________
JAMES DONATO
United States District Judge
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
CARLITOS G. SAUCEDO,
Case No. 14-cv-05096-JD
Plaintiff,
8
v.
CERTIFICATE OF SERVICE
9
10
AUDREY KING, et al.,
Defendants.
United States District Court
Northern District of California
11
12
13
14
15
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 3/9/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
16
17
18
19
Carlitos G. Saucedo ID: 1658-4
Coalinga State Hospital
PO Box 5003
Coalinga, CA 93210-5003
20
21
Dated: 3/9/2015
22
23
Richard W. Wieking
Clerk, United States District Court
24
25
26
27
By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
28
4
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?