Robertson v. Mariposa County
Filing
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ORDER DISMISSING This Action For Failure To State A Claim Upon Which Relief May Be Granted Under Section 1983, With Leave To File A Habeas Petition, ORDER That This Dismissal Is Subject To The "Three-Strikers" Provision Set Forth In 28 U.S.C. 1915(g), ORDER For Clerk To Close Case, signed by Magistrate Judge Gary S. Austin on 9/15/2013. CASE CLOSED.(Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROGER WAYNE ROBERTSON,
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Plaintiff,
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vs.
MARIPOSA COUNTY,
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Defendant.
ORDER DISMISSING THIS ACTION
FOR FAILURE TO STATE A CLAIM
UPON WHICH RELIEF MAY BE
GRANTED UNDER SECTION 1983,
WITH LEAVE TO FILE A HABEAS
PETITION
ORDER THAT THIS DISMISSAL IS
SUBJECT TO THE ATHREE-STRIKES@
PROVISION SET FORTH IN 28 U.S.C.
' 1915(g)
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ORDER FOR CLERK TO CLOSE
CASE
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1:13-cv-01304-GSA-PC
I.
BACKGROUND
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Roger Wayne Robertson (APlaintiff@) is a state prisoner proceeding pro se in this civil
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action. On August 14, 2013, Plaintiff sent a letter to the Sacramento Division of the United
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States District Court for the Eastern District of California, requesting assistance. The Clerk’s
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Office construed Plaintiff’s letter as a complaint and opened the instant case as a civil rights
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action pursuant to 42 U.S.C. § 1983. On August 19, 2013, the case was transferred to the
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Fresno Division of United States District Court for the Eastern District of California.
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On August 21, 2013, Plaintiff consented to the jurisdiction of a Magistrate Judge in this
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action, and no other parties have made an appearance. (Doc. 7.) Therefore, pursuant to
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Appendix A(k)(4) of the Local Rules of the Eastern District of California, the undersigned shall
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conduct any and all proceedings in the case until such time as reassignment to a District Judge
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is required. Local Rule Appendix A(k)(3).
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On August 21, 2013, the court entered an order striking Plaintiff’s letter of August 14,
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2013 and requiring Plaintiff to file either a § 1983 civil rights complaint or a habeas corpus
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petition. (Doc. 5.) On August 30, 2013, Plaintiff filed an Amended Complaint pursuant to §
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1983, which is now before the court for screening. (Doc. 11.)
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II.
SCREENING REQUIREMENT
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The court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. ' 1915A(a).
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The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are
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legally Afrivolous or malicious,@ that fail to state a claim upon which relief may be granted, or
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that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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' 1915A(b)(1),(2). ANotwithstanding any filing fee, or any portion thereof, that may have been
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paid, the court shall dismiss the case at any time if the court determines that the action or
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appeal fails to state a claim upon which relief may be granted.@ 28 U.S.C. ' 1915(e)(2)(B)(ii).
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A complaint, or portion thereof, should only be dismissed for failure to state a claim
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upon which relief may be granted if it appears beyond doubt that plaintiff can prove no set of
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facts in support of the claim or claims that would entitle him to relief. See Hishon v. King &
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Spalding, 467 U.S. 69, 73 (1984), citing Conley v. Gibson, 355 U.S. 41, 45-46 (1957); see also
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Palmer v. Roosevelt Lake Log Owners Ass'n, 651 F.2d 1289, 1294 (9th Cir. 1981).
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reviewing a complaint under this standard, the court must accept as true the allegations of the
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complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740 (1976),
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construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the
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plaintiff's favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
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III.
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In
SUMMARY OF AMENDED COMPLAINT
Plaintiff is presently incarcerated at the Sierra Conservation Center in Jamestown,
California.
Plaintiff’s amended complaint is a three-page form complaint of few words.
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Plaintiff names one defendant, Mariposa County, and his statement of claim, in its entirety,
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states, “All of the court documents I sent prove this a miss-trial (sic). (Doc. 11 at 3 ¶IV.)
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Plaintiff requests as relief, “Look for a retrial or dismiss of all charges.” (Id. ¶V.)
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IV.
HABEAS CORPUS
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When a prisoner challenges the legality or duration of his custody, or raises a
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constitutional challenge which could entitle him to an earlier release, his sole federal remedy is
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a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475 (1973); Young v. Kenny, 907 F.2d
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874 (9th Cir. 1990), cert. denied 11 S.Ct. 1090 (1991). A[A] state prisoner=s ' 1983 action is
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barred (absent prior invalidation) - no matter the relief sought (damages or equitable relief), no
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matter the target of the prisoner=s suit (state conduct leading to conviction or internal prison
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proceedings) - if success in that action would necessarily demonstrate the invalidity of
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confinement or its duration.@ Wilkinson v. Dotson, 544 U.S. 74, 81-2, 125 S.Ct. 1242, 1248
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(2005).
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In the Amended Complaint, Plaintiff clearly challenges his conviction and sentence. He
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seeks as relief a retrial or dismissal of all charges. Success in this action would necessarily
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demonstrate the invalidity of confinement or its duration. Therefore, Plaintiff=s sole federal
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remedy is a writ of habeas corpus, and the Court shall dismiss this § 1983 action for failure to
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state a claim, with leave to file a petition for writ of habeas corpus.
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V.
CONCLUSION AND ORDER
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For the reasons set forth above, the court finds that Plaintiff fails to state any cognizable
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claims in the Amended Complaint upon which relief may be granted under ' 1983. The court
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also finds that the deficiencies outlined above are not capable of being cured by amendment,
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and therefore further leave to amend should not be granted. 28 U.S.C. ' 1915(e)(2)(B)(ii); Noll
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v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). However, Plaintiff shall be granted leave
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to file a petition for writ of habeas corpus, if he so wishes.
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///
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///
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///
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Based on the foregoing, it is HEREBY ORDERED that:
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1.
This action is DISMISSED in its entirety for failure to state a claim upon which
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relief may be granted under ' 1983, with leave to file a petition for writ of
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habeas corpus;
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2.
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This dismissal is subject to the Athree-strikes@ provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011);
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3.
If Plaintiff chooses to file a petition for writ of habeas corpus, it will be a new
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case, and Plaintiff should not refer back to this § 1983 case or case number. The
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Clerk will assign a new case number for the petition for writ of habeas corpus;
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and
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4.
The Clerk is directed to close this case.
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IT IS SO ORDERED.
Dated:
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September 15, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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