Diaz v. Asuncion
Filing
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ORDER OF DISMISSAL, Granting 3 MOTION for Leave to Proceed in forma pauperis filed by Enrique Diaz. Signed by Judge Charles R. Breyer on 6/5/2014. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 6/5/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ENRIQUE DIAZ, K70268,
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Petitioner(s),
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vs.
D. ASUNCION, et al.,
Respondent(s).
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No. C 14-2115 CRB (PR)
ORDER OF DISMISSAL
(Dkt. #3)
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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 “challenging prison conditions.” Pet. at 2.
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Among other things, petitioner alleges that he is being denied meaning access to
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the courts because his administrative appeals are not being properly processed.
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Petitioner also seeks leave to 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 (dkt. #3) 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: June 5, 2014
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CHARLES R. BREYER
United States District Judge
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G:\PRO-SE\CRB\HC.14\Diaz, E.14-2115.dismissal.wpd
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