Hill v. Millet
- Yvonne Rogers
- 4:24-cv-06572
- U.S. District Court · Northern District of California
- 2
In Hill v. Millet, Magistrate Judge Claire transferred the civil-rights case to the Northern District of California because venue was improper.
CYMEON V. HILL and the defendants are affected because the case was transferred from the Eastern District of California to the Northern District of California.
What happened
In CYMEYON V. HILL v. MILLET, et al., the plaintiff, who is confined at Napa State Hospital and representing himself, filed a civil-rights case under a federal law allowing claims against state officials. 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 determined that the case had been filed in the wrong district.
The court transferred the matter to the United States District Court for the Northern District of California. Magistrate Judge Allison Claire signed the order. The order did not decide the underlying civil-rights claims.
The detailed version
- Hill v. Millet · No. 4:24-cv-06572
- Yvonne Rogers
- Sept. 17, 2024
Background
CYMEON V. HILL filed a civil-rights action under 42 U.S.C. § 1983. The opinion says Hill is confined at Napa State Hospital and is proceeding without a lawyer. Hill had not paid the filing fee and had not filed an application to proceed without paying it under 28 U.S.C. § 1915.
Venue
The court applied the federal venue statute, 28 U.S.C. § 1391(b). It stated that the defendants were located in Napa County and that the claim arose there. Napa County is in the Northern District of California, so the court concluded that the action should have been filed in that district rather than the Eastern District of California.
Ruling
The court transferred the matter to the United States District Court for the Northern District of California under 28 U.S.C. § 1406(a), which permits transfer of a case filed in the wrong district when doing so serves the interests of justice. Magistrate Judge Allison Claire entered the transfer order. The opinion does not decide the merits of Hill’s civil-rights claims or rule on the filing-fee issue.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.