Leiker v. People of the State of California, The

Filing 2

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 5/3/10. (lrc, COURT STAFF) (Filed on 5/5/2010)

Download PDF
1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SHAWN C. LEIKER, Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-02657 SBA (PR) ORDER OF DISMISSAL THE PEOPLE OF THE STATE OF CALIFORNIA, Respondent. / This case was commenced when Petitioner filed a document captioned "Petition For A Writ of Habeas Corpus." Petitioner has paid the $5.00 filing fee for habeas carpus actions. It appears from the petition that Petitioner challenges a state juvenile court proceeding. However, this Court does not have jurisdiction to review a state court juvenile dependency proceeding. Generally, no constitutional cause of action will lie for such claims where adequate state post-deprivation procedures exist. See Ellis v. Hamilton, 669 F.2d 510, 514 (7th Cir.), cert. denied, 459 U.S. 1069 (1982). For example, parents in child custody or dependency proceedings can appeal or otherwise challenge the legality of the proceeding itself, can seek custody orders in the state court which has jurisdiction over the child, can seek agency review, and perhaps bring a state law action. See Mazor v. Shelton, 637 F. Supp. 330, 335-36 (N.D. Cal. 1986). It is most likely that Petitioner's remedy lies in state court. CONCLUSION For the foregoing reasons, Petitioner's case is DISMISSED. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. The Clerk of the Court shall terminate all pending motions and close the file. IT IS SO ORDERED. DATED: 5/3/10 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge G:\PRO-SE\SBA\HC.09\Leiker2657.dismiss.wpd 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.09\Leiker2657.dismiss.wpd2 Shawn C. Leiker 209387 MN Correctional Facility 7600 525th Street Rush City, MN 55069 Dated: May 5, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 5, 2010, 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. v. THE PEOPLE OF THE STATE et al, Defendant. / SHAWN C LEIKER, Plaintiff, Case Number: CV09-02657 SBA CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?