Williams v. C.D.C.R. et al
Filing
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ORDER of Dismissal. Signed by Judge Jeffrey S. White on 7/9/12. (jjoS, COURT STAFF) (Filed on 7/9/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERT L. WILLIAMS,
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Plaintiff,
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v.
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C.D.C.R., et al.,
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Defendants.
__________________________________ )
No. C 12-2605 JSW (PR)
ORDER OF DISMISSAL
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Plaintiff was an inmate in the Alameda County Jail when filed this civil rights
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complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma
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pauperis in a separate order.
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Plaintiff claims that Defendants, state prison and parole officials, violated his
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rights in the course of the investigation and hearing that ultimately led to his placement
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in custody for violating parole. "'Federal law opens two main avenues to relief on
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complaints related to imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254, and a
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complaint under the Civil Rights Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C.
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§ 1983. Challenges to the lawfulness of confinement or to particulars affecting its
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duration are the province of habeas corpus.'" Hill v. McDonough, 547 U.S. 573, 579
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(2006) (quoting Muhammad v. Close, 540 U.S. 749, 750 (2004)). A parole claim that
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challenges the legality or duration of a prisoner's custody must be brought in habeas. See
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Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir. 1997); Young v. Kenny, 907 F.2d 874,
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876-78 (9th Cir. 1990); Bostic v. Carlson, 884 F.2d 1267, 1269 (9th Cir. 1989). A civil
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rights complaint seeking habeas relief should be dismissed without prejudice to bringing
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it as a petition for writ of habeas corpus. See Trimble v. City of Santa Rosa, 49 F.3d 583,
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586 (9th Cir. 1995).
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Accordingly, the instant civil rights complaint is DISMISSED without prejudice
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to bringing it as a petition for a writ of habeas corpus. The Court notes that Plaintiff is
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no longer in jail. He may still be in “custody” for purposes of filing a habeas petition to
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the extent he is still on parole, however. It is further noted that if Plaintiff wants money
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damages for Defendants’ alleged wrongful conduct, he may not seek such damages in a
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civil rights action until and unless his parole revocation is invalidated or expunged on
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appeal, on collateral review or by some other means. See Littles v. Bd. of Pardons and
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Paroles Div., 68 F.3d 122, 123 (5th Cir. 1995).
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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: July 9, 2012
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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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ROBERT L WILLIAMS,
Case Number: CV12-02605 JSW
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
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C. D. C. R. et al,
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Defendant.
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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 July 9, 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.
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Robert L. Williams ANB-118
27724 Andrea Street
Hayward, CA 94541
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Dated: July 9, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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