Padilla v. United States Government

Filing 4

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 11/5/12. (jjoS, COURT STAFF) (Filed on 11/5/2012)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 12 13 ) ) ) Petitioner, ) ) v. ) ) UNITED STATES ) GOVERNMENT, et al, ) ) Respondents. ____________________________ ) JOSE U. PADILLA, et al, No. C 12-5117 JSW (PR) ORDER OF DISMISSAL (Docket No. 3) 14 15 Petitioner, a detainee at the Contra Costa County Jail, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and a motion seeking leave to proceed in 16 17 forma pauperis. Although the petition is largely incomprehensible, it is apparent that Petitioner’s 18 claims do not involve the fact or duration of his confinement, hence are not the proper 19 subject of a habeas action. See Moran v. Sondalle, 218 F.3d 647, 650-52 (7th Cir. 2000); 20 Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (civil rights action is proper method of 21 challenging conditions of confinement); Crawford v. Bell, 599 F.2d 890, 891-92 & n.1 22 (9th Cir. 1979) (affirming dismissal of habeas petition on basis that challenges to terms 23 and conditions of confinement must be brought in civil rights complaint). 24 A district court may construe a habeas petition attacking conditions of confinement 25 as a civil rights action under 42 U.S.C. § 1983. See Wilwording v. Swenson, 404 U.S. 26 249, 251 (1971). However, although the court may construe a habeas petition as a civil 27 rights action, it is not required to do so. Since the Wilwording case was decided there 28 have been significant changes in the law. For instance, the filing fee for a habeas petition 1 is five dollars, and if leave to proceed in forma pauperis is granted, the fee is forgiven. 2 For civil rights cases, however, the fee is $350.00 and under the Prisoner Litigation 3 Reform Act the prisoner is required to pay it, even if granted in forma pauperis status, by 4 way of deductions from his or her prisoner account. In view of this, this case is 5 DISMISSED without prejudice to petitioner filing a civil rights action if he wishes to do 6 7 8 so in light of the above. However, if Petitioner chooses to file such a complaint, he must clearly state the nature of his claims and identify against whom his complaints are made. Petitioner’s motion to proceed in forma pauperis (docket no. 3) is GRANTED. The Clerk shall close the file and enter judgment. 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 12 13 DATED: November 5, 2012 JEFFREY S. WHITE United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JOSE ULYSSESE PADILLA JR, Case Number: CV12-05117 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 9 United States District Court For the Northern District of California 10 11 12 13 14 US GOVERNMENT 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 November 5, 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. 15 16 17 18 Jose Ulysses Padilla 901 Court Street #CC12EJ405 Martinez, CA 94553 19 Dated: November 5, 2012 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?