Hill v. Brown

Northern District of California, cand-4:2015-cv-03140

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 9/1/15.

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JAMES Q. HILL,) No. C 15-3140 JSW (PR)) 10 Petitioner,) ORDER OF TRANSFER) 11 v.)) 12 JERRY BROWN,)) (Dkt. No. 3) 13 Respondent.) _________________________________) 14 Petitioner has filed a form habeas petition under 28 U.S.C. § 2241. Petitioner is 15 being held in Coalinga State Hospital in Coalinga, California, under California's Sexual 16 Violent Predator Act ("SVPA"). See Cal. Welf. & Inst. Code §§ 6600, et seq. He is 17 currently awaiting trial to determine whether he is a Sexually Violent Predator subject to 18 civil commitment under the SVPA. In his petition, he argues that the California 19 Department of State Hospitals is violating his double jeopardy rights by using certain 20 standards, procedures, and assessment tools to determine if he is a Sexually Violent 21 Predator. He also argues that abstention is not appropriate. 22 Section 2241 is the proper basis for the petition because Petitioner is a pretrial 23 detainee challenging the constitutionality of his confinement. See Hoyle v. Ada County, 24 501 F.3d 1053, 1058 (9th Cir. 2007) (Section 2241 proper basis for pre-trial double 25 jeopardy challenge). Although this court may have jurisdiction to hear a petition brought 26 under Section 2241, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 494-95 27 (1973), Braden also makes clear that "venue considerations may, and frequently will, 28 1 argue in favor of adjudication of the habeas claim in the jurisdiction where the habeas 2 petitioner is confined." Chatman-Bey v. Thornburgh, 864 F.2d 804, 814 (D.C. Cir. 3 1988). The preferable forum for a Section 2241 habeas petition is the district of 4 confinement. See McCoy v. United States Bd. of Parole, 537 F.2d 962, 966 (8th Cir. 5 1976); see also Dunne v. Henman, 875 F.2d 244, 249-50 (9th Cir. 1989) (suggesting that 6 even where district court has personal jurisdiction over custodian, preferred forum for 7 2241 petition is district where petitioner confined). 8 The commitment proceedings are in San Francisco County, which is in this 9 district, and he is confined in Fresno County, which is in the Eastern District of 10 California. See 28 U.S.C. § 84. Pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254- 11 3(b), and in the interests of justice, this petition is TRANSFERRED to the United States 12 District Court for the Eastern District of California. Ruling on the request to proceed in 13 forma pauperis will be deferred to the Eastern District. 14 The clerk shall transfer this matter forthwith. 15 IT IS SO ORDERED. 16 DATED: September 1, 2015 17 JEFFREY S. WHITE United States District Judge 18 19 20 21 22 23 24 25 26 27 28