(HC)Robinson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERMAINE DANIEL ROBINSON, No. 2:22-cv-1587 KJN P Petitioner, v. ORDER ATACADERO STATE HOSPITAL, Respondent. 16 Petitioner, a civil detainee at Atascadero State Hospital proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paroled from the California Department of Corrections and Rehabilitation, but was determined to be a mentally disordered offender and was subsequently housed at Atascadero State Hospital for treatment. Atascadero State Hospital is located in San Luis Obispo County. Although petitioner filed his allegations on the form for habeas corpus relief, his allegations are more properly construed as a civil rights action under 42 U.S.C. § 1983 because he challenges the condition of his confinement at the hospital. The federal venue statute provides that a civil action “may be brought in (1) a judicial district in which any defendant resides, if all…