Hill v. Haroing
- Yvonne Rogers
- 4:24-cv-06571
- U.S. District Court · Northern District of California
- 2
In Cymeyon V. Hill v. Haroing, Judge Claire transferred the pro se civil-rights case to the Northern District of California because it was filed in the wrong district.
The transfer affects Cymeyon V. Hill and the defendants because the case will proceed in the Northern District of California rather than the Eastern District of California. The order did not decide the underlying claims.
What happened
Cymeyon V. Hill sued Haroing and other defendants under a federal civil-rights law. Hill is confined at Napa State Hospital and is representing himself. He had not paid the filing fee or submitted an application to proceed without paying it.
The court said the defendants were located in Napa County and that the claim arose there. Because Napa County is in the Northern District of California, the court concluded that the case should have been filed there.
Judge Allison Claire ordered the case transferred to the United States District Court for the Northern District of California. The order addressed only the proper court for the case and did not decide the underlying civil-rights claims.
The detailed version
- Hill v. Haroing · No. 4:24-cv-06571
- Yvonne Rogers
- Sept. 17, 2024
Background
Cymeyon V. Hill filed a civil-rights action under 42 U.S.C. § 1983 against Haroing and other defendants. The opinion states that Hill is confined at Napa State Hospital and is proceeding without a lawyer. Hill had not paid the filing fee or filed an application to proceed without paying it.
Venue analysis
The court applied the federal venue statute, 28 U.S.C. § 1391(b). That statute identifies districts where a civil action may be filed, including a district where a substantial part of the events giving rise to the claim occurred. The court found that the defendants were located in Napa County and that the claim arose there. Napa County is in the Northern District of California.
Ruling
The court concluded that the claim should have been filed in the Northern District of California. Under 28 U.S.C. § 1406(a), a federal court may transfer a case filed in the wrong district when doing so serves the interests of justice. United States Magistrate Judge Allison Claire therefore ordered that the matter be transferred to the United States District Court for the Northern District of California. The order did not resolve the merits of Hill's civil-rights claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.