Turner v. Brown

Filing 9

ORDER OF DISMISSAL, GRANTING 6 Application for Leave to Proceed in forma pauperi. Signed by Judge Charles R. Breyer on 3/5/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 3/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER, G27511,
Petitioner(s),

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vs.

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JERRY BROWN,

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Respondent(s).

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No. C 13-0454 CRB (PR)
ORDER OF DISMISSAL
(Docket # 6)

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Petitioner, a prisoner at Salinas Valley State Prison (SVSP), has filed a pro

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se petition for a writ of habeas corpus alleging various wrongdoing. Among

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other things, petitioner alleges that he has been unlawfully transferred to SVSP,

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tortured and forcibly injected with several viruses. He also seeks leave to

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proceed in forma pauperis under 28 U.S.C. § 1915.

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Based solely on his affidavit of poverty, petitioner's request to proceed in

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forma pauperis (docket # 6) is GRANTED. But the petition for a writ of habeas

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corpus is DISMISSED without prejudice to filing a civil rights complaint under

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42 U.S.C. § 1983.

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It is well established in the Ninth Circuit that habeas jurisdiction is absent,

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and a § 1983 action proper, where, as here, a successful challenge to a prison

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condition or event will not necessarily shorten the prisoner's sentence. Ramirez

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v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003). In addition, the preferred practice

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in this circuit has been that challenges to conditions of confinement be brought in

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a civil rights complaint. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991)

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(civil rights action is proper method of challenging conditions of confinement);

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Crawford v. Bell, 599 F.2d 890, 891-92 & n.1 (9th Cir. 1979) (affirming

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dismissal of habeas petition on basis that challenges to terms and conditions of

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confinement must be brought in civil rights complaint).

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The clerk shall send petitioner a prisoner civil rights complaint form, enter

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judgment in accordance with this order, terminate all pending motions as moot,

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and close the file.

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SO ORDERED.

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DATED: MARCH 5, 2013

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.13\Turner, A.13-0454.dismissal.wpd

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