Taylor v. Hedgepath

Filing 4

ORDER OF DISMISSAL; GRANTING PETITIONER'S REQUEST TO PROCEED IN FORMA PAUPERIS, JUDGMENT. Signed by Judge Thelton E. Henderson on 01/11/2012. (Attachments: # 1 Judgment & Cert. of Service)(tmi, COURT STAFF) (Filed on 1/12/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 Petitioner, 13 14 No. C-11-5088 TEH (PR) JEFFREY LAMONT TAYLOR, ORDER OF DISMISSAL; GRANTING PETITIONER’S REQUEST TO PROCEED IN FORMA PAUPERIS v. A. HEDGEPATH, et al. 15 Respondents. 16 / Doc. #3 17 18 Petitioner Jeffrey Lamont Taylor, a state prisoner 19 incarcerated at California State Prison - Corcoran, has filed a writ 20 of habeas corpus under 28 U.S.C. § 2254, challenging prison 21 conditions. 22 were deliberately indifferent to his medical needs in violation of 23 his constitutional rights under the Eighth Amendment and the 24 Fourteenth Amendment. 25 allegations that Petitioner’s legal files were discarded, that 26 prison officials retailed against Petitioner for his use of the 27 grievance system, and that prison officials falsified medical 28 reports. Specifically, Petitioner alleges that prison officials Doc. #1 at 3-4. The Petition also contains Petitioner also seeks leave to proceed in forma pauperis 1 under 28 U.S.C. § 1915. 2 3 Doc. #3 Good cause appearing, Petitioner’s application to proceed in forma pauperis is GRANTED. Doc. #3 4 Petitioner’s challenges to the conditions of his 5 confinement are DISMISSED WITHOUT PREJUDICE to filing a civil rights 6 complaint under 42 U.S.C § 1983. 7 addressed whether a challenge to a condition of confinement may be 8 brought under habeas, see Bell v Wolfish, 441 US 520, 526 n6 (1979), 9 the Ninth Circuit has held that habeas jurisdiction is absent, and a Although the Supreme Court has not United States District Court For the Northern District of California 10 Section 1983 action proper, where, as here, a successful challenge 11 to a prison condition will not necessarily shorten the prisoner’s 12 sentence. 13 see also Badea v Cox, 931 F.2d 573, 574 (9th Cir. 1991) (civil 14 rights action is proper method of challenging conditions of 15 confinement); Crawford v Bell, 599 F.2d 890, 891-92 & n1 (9th Cir 16 1979) (affirming dismissal of habeas petition on basis that 17 challenges to terms and conditions of confinement must be brought in 18 civil rights complaint). 19 See Ramirez v Galaza, 334 F.3d 850, 859 (9th Cir. 2003); A certificate of appealability will be denied with respect 20 to Petitioner's claim. 21 Governing Habeas Corpus Cases Under § 2254, Rule 11 (requiring 22 district court to issue or deny certificate of appealability when 23 entering final order adverse to petitioner). 24 Petitioner has failed to make a substantial showing of the denial of 25 a constitutional right, as he has not demonstrated that reasonable 26 jurists would find the Court's assessment of the constitutional 27 claims debatable or wrong. 28 See 28 U.S.C. § 2253(c)(1)(a); Rules Specifically, Slack v. McDaniel, 529 U.S. 473, 484 2 1 (2000). 2 The Clerk shall terminate any pending motions as moot, 3 enter judgment in accordance with this order and close the file. 4 IT IS SO ORDERED. 5 6 7 DATED 01/11/2012 THELTON E. HENDERSON United States District Judge 8 9 United States District Court For the Northern District of California 10 11 G:\PRO-SE\TEH\HC.11\Taylor-11-5088-dism-hc-as-cr.wpd 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JEFFREY LAMONT TAYLOR, Case Number: CV11-05088 TEH Plaintiff, CERTIFICATE OF SERVICE v. A. HEDGEPATH et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 12, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Jeffrey Lamont Taylor #:D-41759 California State Prison (SHU, 4B-2L-27) P.O. Box 3481 Corcoran, CA 93212 Dated: January 12, 2012 Richard W. Wieking, Clerk By: Tana Ingle, Deputy Clerk

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