James Edward Canada v. David B. Long et al

Filing 10

ORDER DISMISSING CASE. Signed by Judge James Donato on 8/8/17. (lrcS, COURT STAFF) (Filed on 8/8/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES EDWARD CANADA,
Petitioner,

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ORDER OF DISMISSAL

v.

Re: Dkt. No. 9
DAVID B. LONG, et al.,
Respondent.

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United States District Court
Northern District of California

Case No. 17-cv-03812-JD

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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. Petitioner does not challenge the legality of his confinement; rather he seeks

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relief regarding his medical care. “‘Federal law opens two main avenues to relief on complaints

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related to imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254, and a complaint under the

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Civil Rights Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983. Challenges to the

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lawfulness of confinement or to particulars affecting its duration are the province of habeas

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corpus.’” Hill v. McDonough, 547 U.S. 573, 579 (2006) (quoting Muhammad v. Close, 540 U.S.

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749, 750 (2004)). “An inmate’s challenge to the circumstances of his confinement, however, may

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be brought under § 1983.” Id.

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This case was transferred to this district because petitioner’s underlying conviction

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occurred in Sonoma County. However, petitioner is incarcerated in Blythe, CA which is located

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in the Central District of California. If petitioner seeks to challenge the conditions of his

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confinement he must file a civil rights action in the Central District. He is informed that while he

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may seek to proceed in forma pauperis for a civil rights action the fee is $350. The Court notes

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that petitioner already proceeds with a habeas petition in this Court. Canada v. Martinez, No. 17-

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cv-1048 JD.

CONCLUSION

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1. Petitioner’s motion for leave to proceed in forma pauperis (Docket No. 9) is
GRANTED.
2. The petition is DISMISSED for the reasons set forth above. A certificate of
appealability is DENIED.
IT IS SO ORDERED.
Dated: August 8, 2017

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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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JAMES EDWARD CANADA,

Case No. 17-cv-03812-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DAVID B. LONG, 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 August 8, 2017, 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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James Edward Canada ID: CDC AU1244
P.O. Box 2199
Blythe, CA 92226

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Dated: August 8, 2017

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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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