Anderson v. San Francisco County Jail et al

Filing 10

ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge James Donato on 5/23/16. (lrcS, COURT STAFF) (Filed on 5/23/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALFRED J. ANDERSON,

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Petitioner,

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v.

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SAN FRANCISCO COUNTY JAIL, et al.,

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ORDER DISMISSING PETITION
AND DENYING CERTIFICATE
OF APPEALABILITY

Respondent.

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United States District Court
Northern District of California

Case No. 15-cv-04317-JD

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Alfred Anderson, a detainee, filed a pro se petition for a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. In the original petition, petitioner described how his probation was revoked in

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June or July 2015. His claims were not entirely clear but he appeared to allege that his appointed

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counsel was ineffective and that there was government misconduct underlying the probation

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revocation. However, it did not appear that petitioner had exhausted these claims. In the initial

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review order on November 17, 2015, the Court dismissed the petition with leave to amend to

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address these deficiencies.
Petitioner filed an amended petition on April 25, 2016, but it does not address the

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exhaustion issue and also seeks monetary relief against a jail official for an assault. The petition is

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dismissed without prejudice and may be re-filed once the claims have been exhausted. If

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petitioner seeks monetary relief concerning the conditions of his confinement he may file a civil

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rights complaint.1

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Petitioner already proceeds with a civil rights complaint concerning the conditions of
confinement in Case No. 15-cv-03737-JD.

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The petition is DISMISSED for the reasons set forth above. Because reasonable jurists

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would not find the result here debatable, a certificate of appealability (“COA”) is DENIED. See

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Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA).

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IT IS SO ORDERED.
Dated: May 23, 2016

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JAMES DONATO
United States District Judge

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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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ALFRED J. ANDERSON,

Case No. 15-cv-04317-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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SAN FRANCISCO COUNTY JAIL, et al.,
Defendants.

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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.

United States District Court
Northern District of California

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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.

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Alfred J. Anderson
c/o PLS
555 7th St., Suite #201
#15669262
San Francisco, CA 94103

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Dated: May 23, 2016

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Susan Y. Soong
Clerk, United States District Court

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

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