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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY FISHER,

Case No. 14-cv-01478-WHO (PR)

Petitioner,
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v.

ORDER OF DISMISSAL

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DIRECTOR OF OPS OF CDCR,
Respondent.

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Petitioner Fisher asks for "compassionate release," which the Court construes as a

United States District Court
Northern District of California

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petition for clemency. This Court has no authority to order Fisher's release on such

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grounds. Rather, it can order his release only on the ground that he "is in custody in

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violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a).

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Accordingly, the petition is DISMISSED. If Fisher wishes to challenge the legality or

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duration of his confinement, he must file a habeas petition in the district of conviction,

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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

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prisoners. See CAL. CONST. art. V, § 8(a); Cal. Penal Code § 4800. Fisher may wish file

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an appropriate petition with such official.

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Fisher's motion to proceed in forma pauperis (Docket No. 3) is GRANTED. The

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Clerk shall terminate Docket No. 3, enter judgment in favor of respondent, and close the

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file.

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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