Taylor v. Montana et al

Filing 4

ORDER OF DISMISSAL. Application to Proceed in Forma Pauperis is GRANTED. Signed by Judge Thelton E. Henderson on 10/03/2011. (Attachments: #(1) Certificate of Service)(tmi, COURT STAFF) (Filed on 10/4/2011)

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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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Petitioner,

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No. C-11-1689 TEH (PR)

JEFFREY LAMONT TAYLOR,

ORDER OF DISMISSAL

v.
MONTANA, et al.

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Respondents.

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/

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Petitioner Jeffrey Lamont Taylor, a state prisoner

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incarcerated at California State Prison - Corcoran, has filed a writ

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of habeas corpus under 28 U.S.C. § 2254, challenging prison

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conditions.

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wrongfully confiscated his personal property and legal documents in

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violation of his constitutional rights under the First Amendment,

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the Fifth Amendment, the Sixth Amendment, and the Fourteenth

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Amendment.

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to proceed in forma pauperis under 28 U.S.C. § 1915.

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Specifically, Petitioner alleges that prison officials

Doc. #1 at 2, Exh. A at 3.

Petitioner also seeks leave

Good cause appearing, petitioner’s application to proceed
in forma pauperis is GRANTED.

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Petitioner’s challenges to the conditions of his

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confinement are DISMISSED without prejudice to filing a civil rights

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complaint under 42 USC § 1983.

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addressed whether a challenge to a condition of confinement may be

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brought under habeas, see Bell v Wolfish, 441 US 520, 526 n6 (1979),

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the Ninth Circuit has held that habeas jurisdiction is absent, and a

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Section 1983 action proper, where, as here, a successful challenge

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to a prison condition will not necessarily shorten the prisoner’s

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sentence.

Although the Supreme Court has not

See Ramirez v Galaza, 334 F.3d 850, 859 (9th Cir. 2003);

United States District Court
For the Northern District of California

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see also Badea v Cox, 931 F.2d 573, 574 (9th Cir. 1991) (civil

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rights action is proper method of challenging conditions of

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confinement); Crawford v Bell, 599 F.2d 890, 891-92 & n1 (9th Cir

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1979) (affirming dismissal of habeas petition on basis that

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challenges to terms and conditions of confinement must be brought in

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civil rights complaint).

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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

10/03/2011
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Taylor-11-1689-dism-hc-as-cr.wpd

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