Anderson v. San Mateo County Jail et al

Filing 14

ORDER DISMISSING CASE. Signed by Judge James Donato on 11/22/16. (lrcS, COURT STAFF) (Filed on 11/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALFRED J. ANDERSON,
Petitioner,

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ORDER DISMISSING CASE

v.

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SAN MATEO COUNTY JAIL, et al.,
Respondent.

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United States District Court
Northern District of California

Case No.16-cv-02653-JD

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

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to 28 U.S.C. § 2254. The petition was dismissed with leave to amend. The Court noted that

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challenges to the conditions of confinement had already been brought in a civil rights action, Case

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No. 15-cv-3737 JD. To the extent petitioner was challenging his underlying criminal prosecution

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he was ordered to demonstrate why the Court should interfere in light of Younger v. Harris, 401

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U.S. 37, 43-54 (1971) (Under principles of comity and federalism, a federal court should not

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interfere with ongoing state criminal proceedings by granting injunctive or declaratory relief

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absent extraordinary circumstances. ) Petitioner has not responded or otherwise communicated

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with the Court.
CONCLUSION

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1.

The petition is DISMISSED for failure to respond and for the reasons set forth in

the prior order.
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Because reasonable jurists would not find the result here debatable, a certificate of

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appealability (“COA”) is DENIED. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000)

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(standard for COA).

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IT IS SO ORDERED.
Dated: November 22, 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. 16-cv-02653-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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SAN MATEO 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 November 22, 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
850 Bryant Street
Rm 442
San Francisco, CA 94103

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Dated: November 22, 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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