Stone v Martel, et al.,
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 05/03/11 denying motions to Dismiss 19 , 20 . Petitioner's motion pusuant to Penal Code 1494 and 1501 23 is denied. Petitioner's motion for an answer 26 is denied. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AARON P. STONE,
Petitioner,
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vs.
M. MARTEL, et al.,
Respondents.
ORDER
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No. CIV S-10-3454 KJM GGH P
Petitioner is a state prisoner proceeding pro se with this application for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. The court herein rules on four motions recently
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filed by petitioner: (1) a motion to dismiss filed on April 8, 2011; (2) a motion to dismiss filed on
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April 12, 2011; (3) a motion “pursuant to Penal Code 1494 and 1501” filed on April 14, 2011;
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and (4) a motion for an answer filed on April 15, 2011. Respondent has filed oppositions to
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each of the four motions. For the reasons discussed below, all four motions are denied.
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First Motion to Dismiss
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As respondent notes, the precise basis for petitioner’s April 8, 2011 motion to
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dismiss is unclear. He states: “On December 15, 2006, Sacramento Superior Court imposed a
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void judgment which was reversed on direct appeal on July 31, 2008. The law is well established
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that a void judgment is void even before reversal.” (Doc. #19 at 1.) Elsewhere petitioner states
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that “Case No. #06F2346 . . . merits dismissal with prejudice” due to “numerous due process
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violations[.]” (Id. at 2.) In an attempt to shed light on the motion, respondent has submitted a
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July 31, 2008 opinion by the California Court of Appeal, Third Appellate District, reviewing
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petitioner’s conviction of six counts of child molestation in Superior Ct. Case No. 06F02346.
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(Doc. #21 , Lodged Item No. 1.) Rather than hazard a guess as to what part of the superior
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court’s judgment petitioner considers “void,” the undersigned observes that it lacks jurisdiction
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to grant petitioner’s motion in any event. Petitioner’s complaint in this action has been construed
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to challenge his conviction and sentence under 28 U.S.C. § 2254, with its attendant procedural
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and exhaustion requirements. Petitioner cannot circumvent these requirements by simply
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moving to dismiss state court judgments with which he disagrees. Thus, this motion is denied.
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Second Motion to Dismiss
The basis for petitioner’s April 12, 2011 motion to dismiss is also unclear. In it,
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petitioner refers to his appellate and superior court cases discussed above, alleges false
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imprisonment, and asserts that his reception into CDCR custody was invalid and based on
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“fraudulent information.” (Doc. #20 at 1-2.) As with petitioner’s first motion, these allegations
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cannot serve as a basis for the undersigned to dismiss any part of a state court judgment. Rather,
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“[c]hallenges to the validity of any confinement or to particulars affecting its duration are the
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province of habeas corpus.” Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827 (1973).
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This motion also is denied.
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Motion Pursuant to Penal Code 1494 and 1501
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In this motion, petitioner appears to seek preliminary injunctive relief
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“commit[ting] him to the custody of the Sacramento Sheriff or. . . federal custody” pending
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judgment in this matter. The statutes he cites, California Penal Code sections 1494 and 1501,
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pertain to petitions for writ of habeas corpus in state court and cannot serve as a basis for relief.
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Nor can the court properly grant petitioner’s request under federal law. The
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purpose of a preliminary injunction is to preserve the status quo if the balance of equities so
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heavily favors the moving party that justice requires the court to intervene to secure the positions
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until the merits of the action are ultimately determined. University of Texas v. Camenisch, 451
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U.S. 390, 395, 101 S.Ct (1981). In this habeas action, petitioner challenges his conviction and
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sentence based on alleged due process violations. Because an order temporarily placing
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petitioner in county or federal custody would not remedy the claims upon which this action
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proceeds, the court may not issue the order sought by petitioner. See De Beers Consolidated
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Mines v. United States, 325 U.S. 212, 65 S.Ct. 1130 (1945). Moreover, even if the undersigned
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were to consider the matter under the jurisdiction preservation aspect of the All Writs Act, 28
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U.S.C. § 1651, petitioner has offered no evidence demonstrating a fair chance of success on the
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merits of his complaint. This motion is therefore denied.
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Motion for an Answer
In this motion, petitioner seeks an answer to his petition and documents from
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respondent that pertain to petitioner’s imprisonment in Mule Creek State Prison. By order dated
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January 10, 2011, the undersigned directed respondent to file a response to the petition within
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sixty days. By order dated April 18, 2011, granting respondent’s request for an extension of
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time, the response is now due on or before May 11, 2011. In his opposition to the instant motion,
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respondent states that he intends to file a response to the petition and, in doing so, will comply
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with Rule 5 of the Federal Rules governing § 2254 cases. Respondent further states that, if the
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response is an answer, he will lodge with the court “all transcripts and other documents relevant
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to the issues presented in the petition.” (Doc. #29 at 2.) Nothing more is required of respondent
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at this time. Thus, petitioner’s motion for an answer is denied.
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Accordingly, IT IS HEREBY ORDERED THAT:
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1. Petitioner’s April 8, 2011 motion to dismiss (Doc. #19) is denied;
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2. Petitioner’s April 12, 2011 motion to dismiss (Doc. #20) is denied;
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3. Petitioner’s April 14, 2011 motion pursuant to Penal Code 1494 and 1501
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(Doc. #23) is denied; and
4. Petitioner’s April 15, 2011 motion for an answer (Doc. #26) is denied.
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DATED: May 3, 2011
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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
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GGH:014
ston3454.ord
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