Barreras v. Jacquez
Filing
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ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Jeffrey S. White on 5/13/2011. (Attachments: # 1 Certificate of service)(lmh, COURT STAFF) (Filed on 5/13/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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JOSE BARRERAS,
Petitioner,
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vs.
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FRANCISCO JACQUEZ,
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Respondent.
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No. C 11-1895 JSW (PR)
ORDER OF DISMISSAL; GRANTING
LEAVE TO PROCEED IN FORMA
PAUPERIS
(Docket Nos. 2 & 4)
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INTRODUCTION
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Petitioner, a prisoner of the State of California proceeding pro se, has filed a
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habeas corpus petition pursuant to 28 U.S.C. § 2254 challenging his continued retention
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in the Secured Housing Unit (“SHU”) of his prison based upon prison officials’ findings
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that he is involved in gang activities. After reviewing the petition, the Court dismisses it
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without prejudice to filing his claims in a civil rights action under 42 U.S.C. § 1983. The
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applications for leave to proceed in forma pauperis are also granted.
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DISCUSSION
This Court may entertain a petition for a writ of habeas corpus “in behalf of a
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person in custody pursuant to the judgment of a State court only on the ground that he is
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in custody in violation of the Constitution or laws or treaties of the United States.” 28
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U.S.C. § 2254(a). It shall “award the writ or issue an order directing the respondent to
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show cause why the writ should not be granted, unless it appears from the application
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that the applicant or person detained is not entitled thereto.” Id. § 2243.
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In his petition, Petitioner claims that he has been denied due process in
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connection with prison officials’ decision to retain him in the SHU based upon gang
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activity. Challenges to prison conditions have traditionally been cognizable only in a
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civil rights action under 42 U.S.C. § 1983, while challenges implicating the fact or
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duration of confinement in prison must be brought through a habeas petition. Docken v.
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Chase, 393 F.3d 1024, 1026 (9th Cir. 2004). Indeed, “habeas jurisdiction is absent, and
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a § 1983 action proper, where a successful challenge to a prison condition will not
necessarily shorten the prisoner’s sentence.” Ramirez v. Galaza, 334 F.3d 850, 859 (9th
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For the Northern District of California
United States District Court
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Cir. 2003). Petitioner’s claims must be brought in a civil rights complaint, not a habeas
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petition, because his challenge to his placement in the SHU will not, if successful,
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shorten the duration of his custody in prison. Accordingly, this case will be dismissed
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without prejudice to Petitioner refiling his claims in a civil rights complaint under 42
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U.S.C. 1983. See Crawford v. Bell, 599 F.2d 890, 891-92 & n.1 (9th Cir. 1979)
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(affirming dismissal of habeas petition on basis that challenges to terms and conditions
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of confinement must be brought in civil rights complaint).
CONCLUSION
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For the foregoing reasons, this case is DISMISSED without prejudice to filing his
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claims in a civil rights complaint under 42 U.S.C. § 1983. In light of Petitioner’s lack of
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funds, the applications for leave to proceed in forma pauperis (docket numbers 2 and 4)
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are GRANTED.
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Rule 11(a) of the Rules Governing Section 2254 Cases now requires a district
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court to rule on whether a Petitioner is entitled to a certificate of appealability in the
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same order in which the petition is decided. Petitioner has failed to make a substantial
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showing that his claims amounted to a denial of his constitutional rights or demonstrate
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that a reasonable jurist would find this Court's denial of his claim debatable or wrong.
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Slack v. McDaniel, 529 U.S. 473, 484 (2000). Consequently, no certificate of
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appealability is warranted in this case.
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The Clerk shall enter judgment and close the file.
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IT IS SO ORDERED.
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DATED: May 13, 2011
JEFFREY S. WHITE
United States District Judge
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For the Northern District of California
United States District Court
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