Anderson v. San Francisco County Jail et al

Filing 10


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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ALFRED J. ANDERSON, 7 Petitioner, 8 v. 9 SAN FRANCISCO COUNTY JAIL, et al., 10 ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY Respondent. 11 United States District Court Northern District of California Case No. 15-cv-04317-JD 12 13 Alfred Anderson, a detainee, filed a pro se petition for a writ of habeas corpus pursuant to 14 28 U.S.C. § 2254. In the original petition, petitioner described how his probation was revoked in 15 June or July 2015. His claims were not entirely clear but he appeared to allege that his appointed 16 counsel was ineffective and that there was government misconduct underlying the probation 17 revocation. However, it did not appear that petitioner had exhausted these claims. In the initial 18 review order on November 17, 2015, the Court dismissed the petition with leave to amend to 19 address these deficiencies. Petitioner filed an amended petition on April 25, 2016, but it does not address the 20 21 exhaustion issue and also seeks monetary relief against a jail official for an assault. The petition is 22 dismissed without prejudice and may be re-filed once the claims have been exhausted. If 23 petitioner seeks monetary relief concerning the conditions of his confinement he may file a civil 24 rights complaint.1 25 26 27 1 28 Petitioner already proceeds with a civil rights complaint concerning the conditions of confinement in Case No. 15-cv-03737-JD. 1 The petition is DISMISSED for the reasons set forth above. Because reasonable jurists 2 would not find the result here debatable, a certificate of appealability (“COA”) is DENIED. See 3 Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA). 4 5 IT IS SO ORDERED. Dated: May 23, 2016 6 7 JAMES DONATO United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ALFRED J. ANDERSON, Case No. 15-cv-04317-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 SAN FRANCISCO COUNTY JAIL, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on May 23, 2016, 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. 16 17 18 19 Alfred J. Anderson c/o PLS 555 7th St., Suite #201 #15669262 San Francisco, CA 94103 20 21 Dated: May 23, 2016 22 23 24 Susan Y. Soong Clerk, United States District Court 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 3

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