Terhune

*624 MEMORANDUM **

1. The district court did not abuse its discretion by transferring appellant’s case to a different judge or by adopting the magistrate’s findings and recommendations. See Johnson v. Reilly, 349 F.3d 1149, 1156 (9th Cir.2003).

2. Requiring appellant to register as a sex offender did not violate the Ex Post Facto Clause, Double Jeopardy Clause or Cruel and Unusual Punishment Clause because sex offender registration is not punishment. See Kansas v. Hendricks, 521 U.S. 346, 368-69 , 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997); Hatton v. Bonner, 356 F.3d 955, 967 (9th Cir.2004). Nor did it violate the Equal Protection Clause; given the danger convicted sex offenders of all stripes pose to society, California had a rational basis for requiring misdemeanants to register that is related to a legitimate governmental interest. See United States v. Harding, 971 F.2d 410, 412 (9th Cir.1992).

3. Appellant asserts that appellees violated his Fourth Amendment rights when they erroneously forced him to provide a DNA sample. See CaLPenal Code § 296 (1999). Involuntary collection of DNA is a search, see United States v. Kincade, 379 F.3d 813 , 821 n. 15 (9th Cir.2004) (en banc),…