Gibson v. Brown

Filing 8

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Vince Chhabria on 10/1/2015. (knm, COURT STAFF) (Filed on 10/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN GIPSON,

Case No. 15-cv-03475-VC

(PR)

Petitioner,
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ORDER OF TRANSFER
v.

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JERRY BROWN,
Respondent.

United States District Court
Northern District of California

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John Gipson has filed a form habeas petition under 28 U.S.C. § 2241. Gipson is being held
in Coalinga State Hospital in Coalinga, California, under California’s Sexual Violent Predator Act
(“SVPA”). See Cal. Welf. & Inst. Code §§ 6600, et seq. He is currently awaiting trial to
determine whether he is a sexually violent predator subject to civil commitment under the SVPA.
In his petition, he argues that the California Department of State Hospitals is violating his double
jeopardy rights by using certain standards, procedures, and assessment tools to determine if he is a

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sexually violent predator. He also argues that abstention is not appropriate.
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Section 2241 is the proper basis for the petition because Gipson is a pretrial detainee
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challenging the constitutionality of his confinement. See Hoyle v. Ada County, 501 F.3d 1053,
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1058 (9th Cir. 2007). Although this court may have jurisdiction to hear a petition brought under
Section 2241, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 494-95 (1973), Braden
also makes clear that "venue considerations may, and frequently will, argue in favor of
adjudication of the habeas claim in the jurisdiction where the habeas petitioner is confined."
Chatman-Bey v. Thornburgh, 864 F.2d 804, 814 (D.C. Cir. 1988). The preferable forum for a
Section 2241 habeas petition is the district of confinement. See McCoy v. United States Bd. of
Parole, 537 F.2d 962, 966 (8th Cir. 1976); see also Dunne v. Henman, 875 F.2d 244, 249-50 (9th

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Cir. 1989) (suggesting that, even where district court has personal jurisdiction over custodian,
preferred forum for 2241 petition is district of confinement).
Gipson’s commitment proceedings are in Alameda County, which is in this district, and he
is confined in Fresno County, which is in the Eastern District of California. See 28 U.S.C. § 84.
Pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this
petition is TRANSFERRED to the United States District Court for the Eastern District of

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California. Ruling on the request to proceed in forma pauperis will be deferred to the Eastern
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District.
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The clerk shall transfer this matter forthwith.
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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: October 1, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN GIPSON,

Case No. 15-cv-03475-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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JERRY BROWN,
Defendant.

United States District Court
Northern District of California

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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 October 1, 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.

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John Gipson ID: 1446-2
Coalinga State Hospital
P.O. Box 5003
Coalinga, CA 93210-5003

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Dated: October 1, 2015

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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