Hill v. Jonathan
- Yvonne Rogers
- 4:24-cv-01294
- U.S. District Court · Northern District of California
- 2
In CYMEYON V. HILL v. JONATHAN, Judge Delaney transferred the civil-rights case to the Northern District of California because venue was wrong.
The transfer affects CYMEYON V. HILL’s civil-rights action against JONATHAN by moving the case from the Eastern District of California to the Northern District of California. The order did not decide the underlying claim.
What happened
In CYMEYON V. HILL v. JONATHAN, the plaintiff, a civil detainee representing himself, filed a civil-rights action under 42 U.S.C. § 1983. He had not paid the filing fee or submitted an application to proceed without paying it.
The court said the claim arose in Napa County, which is in the Northern District of California. Because the case had been filed in the wrong federal district, the court transferred it to the Northern District of California rather than deciding the claim.
Judge Carolyn K. Delaney ordered the transfer under the federal venue statute. The order did not decide whether the civil-rights claim was valid.
The detailed version
- Hill v. Jonathan · No. 4:24-cv-01294
- Yvonne Rogers
- Feb. 29, 2024
Background
CYMEYON V. HILL, identified as a civil detainee proceeding without a lawyer, filed a civil-rights action against JONATHAN under 42 U.S.C. § 1983. The opinion states that Hill had not paid the filing fee and had not filed an application to proceed without paying it.
Venue
The court applied the federal venue statute, 28 U.S.C. § 1391(b). It determined that the claim arose in Napa County, which is in the Northern District of California. The court therefore concluded that the action should have been filed in the Northern District of California.
Ruling
Judge Carolyn K. Delaney ordered that the matter be transferred to the United States District Court for the Northern District of California under 28 U.S.C. § 1406(a). The order addressed only the filing location; it did not resolve the merits of Hill’s civil-rights claim 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.