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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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-11-5088 TEH (PR)

JEFFREY LAMONT TAYLOR,

ORDER OF DISMISSAL; GRANTING
PETITIONER’S REQUEST TO PROCEED
IN FORMA PAUPERIS

v.
A. HEDGEPATH, et al.

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Respondents.

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/

Doc. #3

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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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were deliberately indifferent to his medical needs in violation of

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his constitutional rights under the Eighth Amendment and the

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Fourteenth Amendment.

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allegations that Petitioner’s legal files were discarded, that

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prison officials retailed against Petitioner for his use of the

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grievance system, and that prison officials falsified medical

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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

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under 28 U.S.C. § 1915.

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Doc. #3

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

Doc. #3

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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 U.S.C § 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

Although the Supreme Court has not

United States District Court
For the Northern District of California

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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.

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

A certificate of appealability will be denied with respect

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to Petitioner's claim.

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Governing Habeas Corpus Cases Under § 2254, Rule 11 (requiring

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district court to issue or deny certificate of appealability when

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entering final order adverse to petitioner).

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Petitioner has failed to make a substantial showing of the denial of

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a constitutional right, as he has not demonstrated that reasonable

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jurists would find the Court's assessment of the constitutional

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claims debatable or wrong.

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See 28 U.S.C. § 2253(c)(1)(a); Rules

Specifically,

Slack v. McDaniel, 529 U.S. 473, 484
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(2000).

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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

01/11/2012
THELTON E. HENDERSON
United States District Judge

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United States District Court
For the Northern District of California

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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