Jones v. Brown et al

Filing 5

ORDER OF DISMISSAL; GRANTING 4 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Jeffrey S. White on 10/2/13. (jjoS, COURT STAFF) (Filed on 10/2/2013)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MARK ANTHONY JONES,
Petitioner,

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vs.
CONNIE GIPSON, Warden,
Respondent.

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No. C 13-3431 JSW (PR)
ORDER OF DISMISSAL; GRANTING
LEAVE TO PROCEED IN FORMA
PAUPERIS

(Docket No. 4)

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Petitioner, a prisoner of the State of California proceeding pro se, has filed a

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habeas corpus petition pursuant to 28 U.S.C. § 2254. He was convicted in Sonoma

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County Superior Court 2004. He previously filed a habeas petition in this Court

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challenging the same judgment, which petition was denied on its merits. See Jones v.

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Adams, No. C 06-4162 VRW (PR). In the present petition, he contends that he is

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entitled to relief, i.e. a shorter sentence or immediate release, under California law,

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specifically California Proposition 36. Federal habeas relief is only available on the

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basis of a violation of federal law. Wilson v. Corcoran, 131 S. Ct. 13, 16 (2010). Claims

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for relief under state law, or that state law has been violated, are not cognizable in a

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federal habeas petition. Swarthout v. Cooke, 131 S. Ct. 859, 861-62 (2011). And to

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whatever extent Petitioner means to challenge the conviction on the basis of federal law,

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he must first obtain from the United States Court of Appeals for the Ninth Circuit an

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order authorizing this Court to consider a second or successive petition from him. See 28

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U.S.C. § 2244(b)(3)(A).

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Accordingly, the petition is DISMISSED without prejudice to filing his state
court claims in the state courts, including the California Supreme Court.

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Petitioner’s request to proceed in forma pauperis is GRANTED (dkt. 4).

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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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For the Northern District of California

United States District Court

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DATED: October 2, 2013
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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MARK JONES,

Case Number: CV13-03431 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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BROWN et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on October 2, 2013, 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
14 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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17 Mark Anthony Jones
P.O. Box 3481
18 C12452
Corcoran, CA 93212-3481
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Dated: October 2, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk