Bloodsaw v. Hamilton

Filing 5

ORDER DISMISSING CASE. Signed by Judge James Donato on 3/23/15. (lrcS, COURT STAFF) (Filed on 3/23/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THEOPRIC KENT BLOODSAW,

Case No. 15-cv-00804-JD

Petitioner,
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v.
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PHYLLIS J. HAMILTON,
Respondent.

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ORDER GRANTING LEAVE TO
PROCEED IN FORMA PAUPERIS,
DISMISSING PETITION, AND
DENYING CERTIFICATE OF
APPEALABILITY

United States District Court
Northern District of California

Re: Dkt. No. 2
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This is a habeas case filed pro se by a state prisoner. While petitioner sets forth the facts of

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his conviction, some of the claims in the petition appear to involve conditions of petitioner’s

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confinement, not the fact of his conviction or the length of it, and thus may not be raised in a

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habeas petition. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (civil rights action is proper

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method of challenging conditions of confinement); Crawford v. Bell, 599 F.2d 890, 891-92 & n.1

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(9th Cir. 1979) (affirming dismissal of habeas petition on basis that challenges to terms and

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conditions of confinement must be brought in civil rights complaint). Petitioner alleges that Judge

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Phyllis J. Hamilton and prison officials are conspiring to overthrow the United States government

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and conspiring against petitioner. Petitioner has filed more than forty previous cases in this court.

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Petitioner’s previous habeas petition directed to the same conviction was dismissed with

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prejudice as barred by the statute of limitations, see Bloodsaw v. Woodford, C 06-2929-GHK-E

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(C.D. Cal. Jan. 19, 2007) (order adopted report and recommendation and dismissing petition with

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prejudice), so any claims in this petition that might be construed as going to the conviction would

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be second or successive. Because petitioner has not obtained an order from the court of appeals

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allowing him to file a second or successive petition, any habeas claims that might be discerned in

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the petition are barred. See 28 U.S.C. § 2244(b)(3)(A). In short, the petition must be dismissed.

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Due to the frivolous nature of this action and the large amount of similar cases and claims filed by

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petitioner, the case will not be re-designated as a civil rights action with leave to amend.

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Petitioner’s motion for leave to proceed in forma pauperis (Docket No. 2) is GRANTED.

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The petition is DISMISSED for the reasons set out above. Because reasonable jurists would not

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find the result here debatable, a certificate of appealability (“COA”) is DENIED. See Slack v.

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McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA). The clerk shall close the file.

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IT IS SO ORDERED.
Dated: March 23, 2015
______________________________________
James Donato
United States District Judge

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THEOPRIC KENT BLOODSAW,

Case No. 15-cv-00804-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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PHYLLIS J. HAMILTON,
Defendant.

United States District Court
Northern District of California

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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 3/23/2015, 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 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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Theopric Kent Bloodsaw ID: P20045
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532

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Dated: 3/23/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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