Fisher v. Director of OPS of CDCR

Filing 6

ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 04/29/2014. (jmdS, COURT STAFF) (Filed on 4/29/2014)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 GARY FISHER, Case No. 14-cv-01478-WHO (PR) Petitioner, 6 v. ORDER OF DISMISSAL 7 8 DIRECTOR OF OPS OF CDCR, Respondent. 9 10 Petitioner Fisher asks for "compassionate release," which the Court construes as a United States District Court Northern District of California 11 12 petition for clemency. This Court has no authority to order Fisher's release on such 13 grounds. Rather, it can order his release only on the ground that he "is in custody in 14 violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a). 15 Accordingly, the petition is DISMISSED. If Fisher wishes to challenge the legality or 16 duration of his confinement, he must file a habeas petition in the district of conviction, 17 which, according to the petition, may be either the Central or Eastern District. Only the Governor of California is authorized to grant clemency to California state 18 19 prisoners. See CAL. CONST. art. V, § 8(a); Cal. Penal Code § 4800. Fisher may wish file 20 an appropriate petition with such official. 21 Fisher's motion to proceed in forma pauperis (Docket No. 3) is GRANTED. The 22 Clerk shall terminate Docket No. 3, enter judgment in favor of respondent, and close the 23 file. 24 25 26 27 28 IT IS SO ORDERED. Dated: April 29, 2014 _________________________ WILLIAM H. ORRICK United States District Judge UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CERTIFICATE OF SERVICE 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 April 29, 2014, I SERVED a true and correct copy of the attached, by placing said copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said envelope in the U.S. Mail. Gary Fisher F85263 Pelican Bay State Prison B-2-105 P.O. Box 7000 Crescent City, CA 95532 Dated: April 29, 2014 Richard W. Wieking, Clerk By: Jean Davis, 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?