Bolin v. Davis

Filing 7

ORDER DISMISSING PETITION AND CLOSING CASE. Signed by Judge Charles R. Breyer on 6/28/2018. (lsS, COURT STAFF) (Filed on 6/28/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL C. BOLIN, E88100,
Petitioner,

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ORDER DISMISSING PETITION
AND CLOSING CASE

v.
RONALD DAVIS, Warden,
Respondent.

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United States District Court
Northern District of California

Case No. 18-cv-03619-CRB (PR)

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Petitioner, a state prisoner at San Quentin State Prison’s (SQSP) death row, has filed a pro

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se second or successive petition for a writ of habeas corpus challenging his 1991 conviction and

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death sentence from Kern County Superior Court. His first petition was denied on the merits by

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the United States District Court for the Eastern District of California on June 9, 2016. See Bolin

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v. Davis, No. 1:99-cv-05279-LJO-SAB (E.D. Cal. June 9, 2016) (ECF Nos. 350 & 351).

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Petitioner asserts that the instant petition is brought “pursuant to [the] doctrine of

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acquiescence” and “not [under] 28 U.S.C. § 2254,” ECF No. 1 at 3, because he does not want to

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be subjected to the requirements applicable to § 2254 actions, such as an order from the Ninth

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Circuit authorizing the district court to consider a second or successive petition, see 28 U.S.C. §

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2244(b)(3)(A).

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Unfortunately for petitioner, it is well established that Ҥ 2254 is the exclusive avenue for a
state court prisoner to challenge the constitutionality of his detention.” White v. Lambert, 370 F.3d
1002, 1007 (9th Cir. 2004), overruled on other grounds by Hayward v. Marshall, 603 F.3d 546,
553-54 (9th Cir. 2010) (en banc). When a state “‘prisoner begins in the district court, § 2254 and
all associated statutory requirements apply no matter what [] label the prisoner has given the
case.’” Id. (quoting Walker v. O’Brien, 216 F.3d 626, 723 (7th Cir. 2000)).

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The cou will not construe the instant petit
urt
c
tion as an action under § 2254 becau petitioner
use
r

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ma
akes clear tha he is not bringing this action unde § 2254. B because p
at
b
er
But
petitioner’s e
exclusive

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ave
enue for challenging his state court conviction an death sen
c
nd
ntence is an a
action under § 2254, and
r
d

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pet
titioner alrea has soug and been denied relie under § 22 in the Ea
ady
ght
ef
254
astern District of

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California, the instant petit
tion is DISM
MISSED with
hout prejudic to his seeking an orde from the
ce
er

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nth
a
he
tates District Court for th Eastern D
t
he
District of Ca
alifornia to
Nin Circuit authorizing th United St

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con
nsider a seco or successive petition under § 22
ond
254.

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The cle is instructed to close the case and terminate a pending m
erk
d
all
motions as m
moot.

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IT IS SO ORDER
S
RED.

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United States District Court
Northern District of California

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Da
ated: June 28 2018
8,
___
__________
___________
__________
________
CH
HARLES R. BREYER
Un
nited States D
District Judg
ge

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UNITED STATES D
D
DISTRICT C
COURT

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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA

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PA
AUL C BOL
LIN,

Case No. 3
3:18-cv-03619-CRB

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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RONALD DA
AVIS,
.
Defendant.

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United States District Court
Northern District of California

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I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
Dis
strict Court, Northern Di
istrict of Cal
lifornia.

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That on June 28, 20 I SERV
n
018,
VED a true an correct co
nd
opy(ies) of t attached, by placing
the
said copy(ies) in a postage paid envelo addressed to the pers
i
ope
d
son(s) herein
nafter listed, by
dep
positing said envelope in the U.S. Mail, or by pla
d
n
M
acing said co
opy(ies) into an inter-off delivery
o
ffice
y
rec
ceptacle loca in the Cl
ated
lerk's office.
.

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Pau C Bolin ID E-88100
ul
D:
SQ
QSP
San Quentin St Prison
n
tate
San Quentin, CA 94974
n
C

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ated: June 28 2018
8,
Da
Su
usan Y. Soon
ng
Cl
lerk, United States Distr Court
d
rict

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By
y:_________
___________
_______
La
ashanda Sco Deputy C
ott,
Clerk to the
H
Honorable CH
HARLES R. BREYER

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