Christopher Deshawn Butler v Sheriff Department of Riverside County et al

Filing 8

MEMORANDUM AND ORDER DISMISSING PETITION, 1 WITHOUT PREJUDICE AND WITH LEAVE TO AMEND by Magistrate Judge Andrew J. Wistrich. The petition is dismissed without prejudice and with leave to amend. Petitioner shall, within twenty-eight (28) days of th e date of this order, file an amended petition curing the deficiencies noted above. The amended petition shall be filed on the forms provided by the Clerk and shall bear the case number EDCV 13-2153-MWF(AJW). It is so ordered. (Attachments: # 1 Federal Habeas Corpus Form) (mz)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 EASTERN DIVISION CHRISTOPHER DESHAWN BUTLER, 12 Petitioner, 13 14 v. SHERIFF DEPARTMENT OF RIVERSIDE COUNTY, et al., 15 Respondents. 16 ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV 13-2153-MWF(AJW) MEMORANDUM AND ORDER DISMISSING PETITION WITHOUT PREJUDICE AND WITH LEAVE TO AMEND 17 On October 28, 2013, petitioner filed this petition for a writ of 18 habeas corpus.1 Petitioner alleges the following as grounds for 19 relief: 20 Affidavit of complaint of a tort crime, a civil wrong 21 intentional[ly] done, w[h]ich causes injury and damage to 22 I Christopher Deshawn Butler and daughter S.N.B. Things that 23 are protected by law. Against the above defendants, 24 abduction criminal wrongful act of force by taking away 25 another person through fraud, persuasion of violence. 26 27 28 1 The petition was filed in the United States District Court for the District of Columbia, and transferred to this Court on November 22, 2013. 1 Foreng [sic] I to do business without a contract agreement, 2 no notary enpowered [sic] to witness and certify documents. 3 No federal copy rights [sic] law. 4 Complaint against the above Defendants for violating 5 Christopher Deshawn Butler Constitution on 05-14-2013 Case 6 #RIF10304187 7 provided under the Civil Rights Act of 1964 and state courts 8 may be sued for such relief. 9 #JU131340063. Judicial immunity Complaint against the above Defendants. is not For not being 10 in a Federal Jurisdiction. Plac[ing] the public official in 11 high 12 Constitutional 13 holding] 14 Amendment 15 Citizenship; Privileges and Immunities. 16 Protection. 17 Land - Oath of Office. 18 Complaints against Peace Offices.... 19 misdemeanor I and Rights. Christopher VIII - also for The above Deshawn Excessive violating all Defendants Butler, Bail, of my as being without bail. Amendment XIV - Due Process: Equal Article VI - Debts Validated - Supreme Law of Also Requesting 832.5 Citizens [Petition at 2-3]. 20 As relief, petitioner requests (1) “a trial by jury for this tort 21 crime;” (2) “that my daughter S.N.B. is given back;” (3) imposition of 22 a “not for profit fine on all of the above defendants of 30,000,000 23 each for [sic] the healing process can finally begin;” and (4) the 24 federal government protect the Constitution by arresting and charging 25 “any and all” for conspiracy, kidnapping, and false imprisonment. 26 [Petition at 7]. 27 28 For the following reasons, the petition is subject to summary dismissal. 2 1 To begin with, it is not clear whether or why petitioner is in 2 custody.2 3 challenge the legality of that custody, the Court cannot discern the 4 factual or legal basis for petitioner’s claims. Instead, petitioner’s 5 allegations are vague, conclusory, and unintelligible. 6 Assuming petitioner is (or was) in custody and seeks to Further, to the extent that petitioner’s allegations are 7 comprehensible, they do not appear to be related to the constitutional 8 validity 9 allegations cannot serve as a basis for federal habeas relief. of petitioner’s current custody. Therefore, these See 10 Wilkinson v. Dobson, 544 U.S. 74, 78 (2005) (noting that as a general 11 rule, a claim challenging the fact or duration of a prisoner’s 12 confinement should be presented in a habeas corpus petition, while a 13 claim challenging the conditions of confinement should be presented in 14 a civil rights action); Ramirez v. Galaza, 334 F.3d 850, 858-859 (9th 15 Cir. 2003) (explaining that where a petitioner’s claims, even if 16 successful, 17 jurisdiction under 28 U.S.C. §2254 is absent), cert. denied, 541 U.S. 18 1063 (2004).3 would not shorten the duration of his custody, 19 20 21 22 23 24 25 26 27 28 2 At the time he filed the petition, petitioner indicated his address was Patton State Hospital. [Petition at 1]. Mail sent to this address by the Clerk, however, was returned as undeliverable on December 5, 2013, with a notation that petitioner was “Gone.” Petitioner filed a notice of change of address on ****, indicating ****. The basis for petitioner’s placement in Patton State Hospital is not clear. Nor is it clear whether petitioner’s custody has now ended or whether petitioner remains subject to some other type of state custody. 3 Petitioner may have intended to file a civil rights action. While a federal court has discretion to recharacterize a mislabeled habeas corpus petition as a civil rights action and to permit the action to proceed as such, ordinarily such a recharacterization is inappropriate. Because of the filing fee requirements of the Prison Litigation Reform Act of 1995 (“PLRA”), its provisions requiring sua sponte review of complaints, and its limits on the number of actions a prisoner may be permitted to file in forma pauperis, a prisoner should not be obligated to proceed with a civil rights action unless it is clear that he or she wishes to do so. 3 1 Based upon the foregoing deficiencies, the petition is dismissed 2 without prejudice and with leave to amend. Petitioner shall, within 3 twenty-eight (28) days of the date of this order, file an amended 4 petition curing the deficiencies noted above. 5 shall be filed on the forms provided by the Clerk and shall bear the 6 case number EDCV 13-2153-MWF(AJW), shall include information regarding 7 the conviction or decision petitioner intends to challenge, shall 8 provide the specific legal and factual basis for his claims for 9 relief, and shall indicate whether he has presented each claim to the The amended petition 10 California Supreme Court. 11 file an amended petition within the time provided may result in 12 dismissal of this petition without prejudice. 13 Petitioner is cautioned that failure to It is so ordered. 14 15 Dated: December 18, 2013 16 17 Andrew J. Wistrich United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 See 28 U.S.C. § 1915; 42 U.S.C. § 1997e; see generally Robinson v. Sherrod, 631 F.3d 839, 841 (7th Cir.)(“[W]e think it worth reminding the district courts not to recharacterize a prisoner’s petition for habeas corpus as a prisoner civil rights complaint without his informed consent....”)cert. denied, 132 S.Ct. 397 (2011); cf. Blueford v. Prunty, 108 F.3d 251, 255 (9th Cir. 1997)(stating that a court should not convert a civil rights action into habeas petition due to the implications of the abuse of the writ doctrine). 4

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