Maldonado v. Director
Filing
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FINDINGS and RECOMMENDATIONS Recommending that the 1 Habeas Corpus Petition be Dismissed for Petitioner's Failure to State any Cognizable Federal Habeas Claims signed by Magistrate Judge Jennifer L. Thurston on 11/20/2012. Referred to Judge Anthony W. Ishii. Objections to F&R due by 12/14/2012. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ISRAEL MALDONADO,
Petitioner,
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v.
DIRECTOR,
Respondent.
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Case No.: 1:12-cv-01898-JLT
FINDINGS AND RECOMMENDATIONS RE:
RESPONDENT’S MOTION TO DISMISS
ORDER DIRECTING OBJECTIONS TO BE FILED
WITHIN TWENTY DAYS
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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
The instant petition was filed on November 6, 2012 in the United States District Court for the
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Central District of California and transferred to this Court on November 19, 2012. (Docs. 1 & 5)..
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Petitioner alleges that he is in Respondent’s custody, serving a prison sentence resulting from a
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criminal conviction for which Petitioner has not provided any information or details. However,
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Petitioner does not challenge either his conviction or sentence. Instead, Petitioner raises three related
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grounds for relief in his petition: (1) prison staff have impeded Petitioner’s ability to receive visitors
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and have sexually assaulted Petitioner’s mother when she has visited him in prison; (2) prison staff
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have apparently confiscated a “purple heart” belonging to Petitioner and have coerced Petitioner’s
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mother into making statements that exonerate staff misconduct; and (3) prison staff have detained
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Petitioner’s mother for lengthy periods of time without reason. (Doc. 1, pp. 5-8).
DISCUSSION
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Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review
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of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears
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from the face of the petition . . . that the petitioner is not entitled to relief." Rule 4 of the Rules
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Governing 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490 (9th Cir.1990). A federal court
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may only grant a petition for writ of habeas corpus if the petitioner can show that "he is in custody in
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violation of the Constitution . . . ." 28 U.S.C. § 2254(a). A habeas corpus petition is the correct
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method for a prisoner to challenge the “legality or duration” of his confinement. Badea v. Cox, 931
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F.2d 573, 574 (9th Cir. 1991), quoting, Preiser v. Rodriguez, 411 U.S. 475, 485, 93 S. Ct. 1827
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(1973); Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003)(“[H]abeas jurisdiction is absent, and a §
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1983 action proper, where a successful challenge to a prison condition will not necessarily shorten the
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prisoner’s sentence.”); Advisory Committee Notes to Rule 1 of the Rules Governing Section 2254
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Cases.
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The Ninth Circuit has also held that “[h]abeas corpus jurisdiction also exists when a petitioner
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seeks expungement of a disciplinary finding from his record if expungement is likely to accelerate the
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prisoner’s eligibility for parole.” Bostic v. Carlson, 884 F.2d 1267, 1269 (9th Cir. 1989); see also
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Docken v. Chase, 393 F. 3d 1024, 1031 (9th Cir. 2004)(“[W]e understand Bostic’s use of the term
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‘likely’ to identify claims with a sufficient nexus to the length of imprisonment so as to implicate, but
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not fall squarely within, the ‘core’ challenges identified by the Preiser Court.”)
In contrast to a habeas corpus challenge to the length or duration of confinement, a civil rights
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action pursuant to 42 U.S.C. § 1983 is the proper method for a prisoner to challenge the conditions of
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that confinement. McCarthy v. Bronson, 500 U.S. 136, 141-42 (1991); Preiser, 411 U.S. at 499;
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Badea, 931 F.2d at 574; Advisory Committee Notes to Rule 1 of the Rules Governing Section 2254
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Cases.
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In this case, as mentioned, Petitioner alleges that prison staff have impeded the ability of
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family members to visit Petitioner in prison, they have sexually assaulted Petitioner’s mother when
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she has visited him and unlawfully detained her, they have confiscated personal property of Petitioner
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without his consent, and have coerced Petitioner’s mother into making statements that absolve them of
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any misconduct. Petitioner is thus challenging the conditions of his confinement, not the fact or
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duration of that confinement. No relief that Petitioner could request vis-à-vis the instant three claims
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either could or would affect the fact or duration of Petitioner’s sentence. Therefore, Petitioner is not
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entitled to habeas corpus relief, and this petition must be dismissed. Should Petitioner wish to pursue
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his claims, Petitioner must do so by way of a civil rights complaint pursuant to 42 U.S.C. § 1983.1
RECOMMENDATION
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Accordingly, the Court HEREBY RECOMMENDS that the habeas corpus petition be
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DISMISSED for Petitioner’s failure to state any cognizable federal habeas claims.
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This Findings and Recommendation is submitted to the United States District Court Judge
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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the
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Local Rules of Practice for the United States District Court, Eastern District of California.
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Within twenty (20) days after being served with a copy, any party may file written objections with the
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court and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendation.” Replies to the objections shall be served and filed within ten
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(10) court days (plus three days if served by mail) after service of the objections. The Court will then
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review the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636 (b)(1)(C).
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Plaintiff is advised that if he chooses to pursue a complaint under 42 U.S.C. § 1983, he may assert claims based only
upon injuries he suffered rather than injuries suffered by others, i.e., injuries suffered by Plaintiff’s mother.
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The parties are advised that failure to file objections within the specified time may waive the
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right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated:
November 20, 2012
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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