Zapata v. Vasquez

Filing 4

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 10/05/2011. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 10/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C-11-0032 TEH (PR)

PAUL MATTHEW ZAPATA,

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Petitioner,

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v.

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RODOLFO VASQUEZ, Warden,

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ORDER OF DISMISSAL

Respondent.

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/

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Petitioner, a state prisoner incarcerated at Pelican Bay

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State Prison in Crescent City, California, has filed a pro se

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Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254

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challenging the process by which he was placed in administrative

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segregation.

Doc. #1.

He has paid the $5.00 filing fee.

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Petitioner’s writ challenging the process by which he was

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placed in administrative segregation is DISMISSED without prejudice

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to filing a civil rights complaint under 42 U.S.C. § 1983.

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the Supreme Court has not addressed whether a challenge to a

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condition of confinement may be brought under habeas, see Bell v.

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Wolfish, 441 U.S. 520, 526 n.6 (1979), the Ninth Circuit has held

Although

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that habeas jurisdiction is absent, and a 42 U.S.C. § 1983 action

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proper, where, as here, a successful challenge to a prison condition

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will not necessarily shorten the prisoner’s sentence.

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v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003); see also Badea v. Cox,

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931 F.2d 573, 574 (9th Cir. 1991) (civil rights action is proper

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method of challenging conditions of confinement); Crawford v. Bell,

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599 F.2d 890, 891-92 & n.1 (9th Cir. 1979) (affirming dismissal of

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habeas petition on basis that challenges to terms and conditions of

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confinement must be brought in civil rights complaint).

See Ramirez

United States District Court
For the Northern District of California

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The Clerk shall terminate any pending motions as moot,

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enter judgment in accordance with this order and close the file.

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IT IS SO ORDERED.

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DATED

10/05/2011
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Zapata-11-032-dismiss-HC filed as CR.wpd

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