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)

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