Hodges v. Pima County Adult Detention Center et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 12/21/11. (jjoS, COURT STAFF) (Filed on 12/21/2011)

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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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SHAWN WILLIAM HODGES,
Petitioner,

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vs.
PIMA COUNTY ADULT
DETENTION CENTER, et al.,
Respondents.

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No. C 11-5555 JSW (PR)
ORDER OF DISMISSAL

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Petitioner, an inmate in county jail in Pima County, Arizona, filed a habeas corpus

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petition challenging the living conditions of the jail. “Federal law opens two main

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avenues to relief on complaints related to imprisonment: a petition for habeas corpus, 28

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U.S.C. § 2254, and a complaint under the Civil Rights Act of 1871, Rev. Stat. § 1979, as

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amended, 42 U.S.C. § 1983. Challenges to the lawfulness of confinement or to

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particulars affecting its duration are the province of habeas corpus. An inmate's

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challenge to the circumstances of his confinement, however, may be brought under §

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1983.” Hill v. McDonough, 547 U.S. 573, 579 (2006) (internal quotation omitted).

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“[H]abeas jurisdiction is absent, and a § 1983 action proper, where a successful

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challenge to a prison condition will not necessarily shorten the prisoner’s sentence.”

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Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003). Here, Plaintiff argues that the
physical condition of the jail is hazardous, in violation of his constitutional rights. The

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preferred practice in the Ninth Circuit also has been that challenges to conditions of

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confinement should be brought in a civil rights complaint. See Badea v. Cox, 931 F.2d

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573, 574 (9th Cir. 1991). Consequently, the instant petition is DISMISSED without

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prejudice to filing as a civil rights action under 42 U.S.C. § 1983. If Plaintiff does so,

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the proper venue for such an action is the District of Arizona; Plaintiff must file his

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complaint in that district, not here. See 28 U.S.C. § 1391(b).

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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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For the Northern District of California

United States District Court

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DATED: December 21, 2011
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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SHAWN WILLIAM HODGES,

Case Number: CV11-05555 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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PIMA COUNTY ADULT DETENTION
9 CENTER et al,
Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on December 21, 2011, I SERVED a true and correct copy(ies) of the attached, by
14 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
15 inter-office delivery receptacle located in the Clerk's office.
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Shawn W. Hodges
18 #148578
AZ State Prison,
19 Kingman Hualapai
P.O. Box 6639
20 Kingman, AZ 86402
21 Dated: December 21, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk