Coleman v. Brown et al
Filing
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ORDER of Dismissal. Signed by Judge Edward M. Chen on 4/19/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 4/19/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RAHSAAN COLEMAN,
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For the Northern District of California
United States District Court
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No. C-12-6291 EMC (pr)
Plaintiff,
v.
ORDER OF DISMISSAL
DIANA BECTON BROWN, Municipal Court
Judge In and For Contra Costa County of the
State of California; et al.,
Defendants.
___________________________________/
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Rahsaan Coleman filed this pro se prisoner's civil rights action against two judges who
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presided over the criminal proceedings against him. He contends that their "practices, acts and/or
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policies ... have caused plaintiff to be wrongly or illegally tried, convicted and sentenced on the
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basis of excess of jurisdiction." Docket # 1-1, p. 3. Mr. Coleman's theory is that his conviction and
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sentence are invalid because the two defendant judges did not timely file their oaths of office.
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A federal court must engage in a preliminary screening of any case in which a prisoner seeks
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redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.
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§ 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims
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which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek
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monetary relief from a defendant who is immune from such relief. See id. at § 1915A(b). Pro se
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pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699
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(9th Cir. 1990).
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To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a right
secured by the Constitution or laws of the United States was violated and (2) that the violation was
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committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48
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(1988).
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Generally, a plaintiff may not obtain damages in a § 1983 action for alleged constitutional
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violations in connection with his criminal trial as long as the conviction remains in place. Heck v.
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Humphrey, 512 U.S. 477 (1994), held that a plaintiff cannot bring a civil rights action for damages
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for a wrongful conviction or imprisonment, or for other harm caused by actions whose unlawfulness
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would render a conviction or sentence invalid, unless that conviction or sentence already has been
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determined to be wrongful. See id. at 486-87. A conviction or sentence may be determined to be
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wrongful by, for example, being reversed on appeal or being set aside when a state or federal court
issues a writ of habeas corpus. See id. The Heck rule also prevents a person from bringing an action
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For the Northern District of California
United States District Court
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that – even if it does not directly challenge the conviction or other decision – would imply that the
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conviction or other decision was invalid. The practical importance of this rule is that a plaintiff
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cannot attack his conviction in a civil rights action for damages; the decision must have been
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successfully attacked before the civil rights action for damages is filed. The Heck rule was first
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announced with respect to an action for damages, but the Supreme Court has since applied the rule
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to an action that sought declaratory relief as well as damages. See Edwards v. Balisok, 520 U.S.
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641, 648 (1997). If success in the § 1983 action would "necessarily demonstrate the invalidity of
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confinement or its duration," the § 1983 action is barred no matter the relief sought (i.e., damages or
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equitable relief) as long as the conviction has not been set aside. See Wilkinson v. Dotson, 544 U.S.
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74, 82 (2005).
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Mr. Coleman claims that defendants violated his rights by causing his conviction in an
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allegedly unlawful trial – unlawful because defendants' oaths of office were defective. Although he
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alleges at one point that his complaint "is not challenging the criminal conviction or sentence," he
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alleges in the next breath that he is "challenging the established state procedure itself which
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destroyed his rights to a fair trial." Docket # 1-1, p. 15. He requests that the Court issue an order
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vacating his sentence and conviction, and order a new trial for him. Id. at 18. Mr. Coleman's claims
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are squarely within the Heck rule because success on them would call into question the validity of
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his conviction and sentence from the Contra Costa County Superior Court. The complaint must be
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dismissed.
in federal court is by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254. See Preiser
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v. Rodriguez, 411 U.S. 475, 500 (1973). Mr. Coleman already has done so. His habeas petition
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challenging his conviction was denied in 2012, and both the district court and the Ninth Circuit
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denied a certificate of appealability. See Coleman v. McGrath, No. C 04-4069 PJH. A prisoner who
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wishes to file a second or successive habeas petition challenging the same conviction or sentence
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must first obtain from the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") an
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order authorizing this Court to consider a second or successive petition. 28 U.S.C. § 2244(b)(3)(A).
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For the Northern District of California
The exclusive method for a state prisoner to challenge his state court conviction or sentence
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United States District Court
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Seeking such an order from the Ninth Circuit would be an exercise in futility for Mr. Coleman
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because the claim has already been rejected. Mr. Coleman presented his challenge to the judges'
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oaths in his first federal habeas petition and the district court dismissed the claim because it
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presented only a question of state law. See Docket # 24, p. 2 in Coleman v. McGrath, C 04-4069
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PJH. The court must dismiss a claim presented in a second or successive petition that was presented
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in an earlier petition. See 28 U.S.C. § 2244(b)(1).
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CONCLUSION
For the foregoing reasons, this action is DISMISSED. Plaintiff's request for appointment of
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counsel is DENIED because, in light of the dismissal of the action, there is no reason to appoint
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counsel. (Docket # 3.) The Clerk shall close the file.
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IT IS SO ORDERED.
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Dated: April 19, 2013
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_________________________
EDWARD M. CHEN
United States District Judge
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