White et al v. Valarie

Filing 34

ORDER DENYING 20 Plaintiff's Ex Parte Motion to Vacate Civil Addict Commitment and Fix a Determinate Term Pursuant to California Penal Code Section 1170 signed by Magistrate Judge Gary S. Austin on 6/10/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HORTENSE WHITE,

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Plaintiff,

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1:13-cv-00157-AWI-GSA-PC
ORDER DENYING PLAINTIFF’S EX
PARTE MOTION TO VACATE CIVIL
ADDICT COMMITMENT AND FIX A
DETERMINATE TERM PURSUANT TO
CALIFORNIA PENAL CODE SECTION
1170
(Doc. 20.)

vs.
TRENONE VALARIE, et al.,

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Defendants.

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I.

BACKGROUND

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Hortense White (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on

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November 26, 2012, at the United States District Court for the Eastern District of Pennsylvania,

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as case 12-6599.

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Pennsylvania consolidated case 12-6599 [White v. Valarie] with case 12-6885 [White v.

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Central California Women’s Facility], and transferred the consolidated action to the United

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States District Court for the Eastern District of California. (Doc. 8.)

(Doc. 1.)

On January 31, 2013, the court for the Eastern District of

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On February 15, 2013, Plaintiff filed an “Ex parte motion to vacate civil addict

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commitment and fix a determinate term pursuant to California Penal Code section 1170.”

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(Doc. 20.)

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II.

HABEAS CORPUS

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When a prisoner challenges the legality or duration of his or her custody, or raises a

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constitutional challenge which could entitle him or her to an earlier release, the sole federal

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remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475 (1973); Young v.

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Kenny, 907 F.2d 874 (9th Cir. 1990), cert. denied 11 S.Ct. 1090 (1991).

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Plaintiff requests a court order fixing a determinate prison term and vacating the Civil

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Addict Commitment for her underlying felony conviction. Plaintiff’s motion challenges the

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duration of her custody, and therefore her sole federal remedy is a writ of habeas corpus.

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Because the relief requested by Plaintiff is not available in this § 1983 action, Plaintiff’s motion

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shall be denied.

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III.

CONCLUSION

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Based on the foregoing, Plaintiff’s “Ex parte motion to vacate civil addict commitment

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and fix a determinate term pursuant to California Penal Code section 1170,” filed on February

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15, 2013, is DENIED.

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IT IS SO ORDERED.
Dated:

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June 10, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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