Charles Cooper v. Los Angeles Sherrif Jail

Filing 4

ORDER DISMISSING HABEAS CORPUS PETITION WITHOUT PREJUDICE by Judge Fernando M. Olguin, re Petition for Writ of Habeas Corpus (2254) 1 . IT IS ORDERED that the petition is dismissed without prejudice. The Clerk is directed to file the petition in case numbers CV 17-2463-FMO (AGR) and CV 17-2639-FMO (AGR) as a Motion for Appointment of Counsel and to Compel Discovery. (See Order for details.) (mp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CHARLES COOPER,

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Petitioner,

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v.
LOS ANGELES SHERIFF JAIL,

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Respondent.

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NO. CV 17-5226-FMO (AGR)

ORDER DISMISSING HABEAS
CORPUS PETITION WITHOUT
PREJUDICE

For the reasons discussed below, the Court summarily dismisses this
action without prejudice.

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I.

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BACKGROUND

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Petitioner is an state inmate. He indicates on the form petition that he does

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not challenge a conviction, sentence, prison discipline, or parole problem.

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(Petition at 2.) Instead, he seeks (1) appointment of counsel in each of his two

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pending civil rights actions in this Court,1 and (2) certain discovery relating to one

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or both of those actions. (Id. at 5.)

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Petitioner correctly identifies one pending case’s number, No. CV 172463-FMO (AGR). He mistakenly identifies the other pending case as No. CV
16-0088-FMO (AGR). That case was dismissed and is closed. The Court
construes the Petition as referring to Petitioner’s other pending civil rights case,
No. CV 17-2639-FMO (AGR).

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II.

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DISCUSSION

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Rule 4 of the Rules Governing Section 2254 Cases in the United States

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Courts provides that “[i]f it plainly appears from the face of the petition and any

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attached exhibits that the petitioner is not entitled to relief in the district court, the

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judge must dismiss the petition and direct the clerk to notify the petitioner.” Here,

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summary dismissal is warranted.

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“[W]hen a state prisoner is challenging the very fact or duration of his

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physical imprisonment, and the relief he seeks is a determination that he is

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entitled to immediate release or a speedier release from that imprisonment, his

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sole federal remedy is a writ of habeas corpus.” Preiser v. Rodriguez, 411 U.S.

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475, 500 (1973).

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“Suits challenging the validity of the prisoner’s continued incarceration lie

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within ‘the heart of habeas corpus,’ whereas ‘a § 1983 action is a proper remedy

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for a state prisoner who is making a constitutional challenge to the conditions of

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his prison life, but not to the fact or length of his custody.’” Ramirez v. Galaza,

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334 F.3d 850, 856 (9th Cir. 2003) (quoting Preiser, 411 U.S. at 498-99)). The

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Ninth Circuit has held that “a § 1983 action is the exclusive vehicle for claims

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brought by state prisoners that are not within the core of habeas corpus.” Nettles

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v. Grounds, 830 F.3d 922, 927 (9th Cir. 2016) (en banc), cert. denied, 137 S. Ct.

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645 (2017).

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The Petition lists two grounds for relief. Ground One seeks appointment of

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counsel in Petitioner’s two civil rights cases. Ground Two seeks discovery of a

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video from Twin Towers in support of one or both civil rights cases. Petitioner

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clearly does not challenge his conviction, sentence or the duration of his

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confinement. His habeas petition must be summarily dismissed.

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In the interests of justice and efficiency, the Court will direct the Clerk to file
the petition as a motion in each of Petitioner’s two pending civil rights cases, so
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that his requests for appointment of counsel and for discovery may be addressed

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in those cases.

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III.

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CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the petition is dismissed
without prejudice.

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The Clerk is directed to file the petition in case numbers CV 17-2463-FMO

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(AGR) and CV 17-2639-FMO (AGR) as a Motion for Appointment of Counsel and

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to Compel Discovery.

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DATED: July 25, 2017

/s/
FERNANDO M. OLGUIN
United States District Judge

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