Schenck v. Spearman

Filing 6

ORDER OF DISMISSAL AND TERMINATING ALL PENDING MOTIONS. Signed by Judge Claudia Wilken on 3/19/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 3/19/2013) Modified on 3/19/2013 (ndr, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RYKER WILLIAM SCHENCK,
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Case Nos.: 12-6396 CW (PR)
13-0384 CW (PR)

Petitioner,
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v.
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MARIN SUPERIOR COURT, et al.,

ORDER OF DISMISSAL AND
TERMINATING ALL PENDING MOTIONS

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Respondents.
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United States District Court
For the Northern District of California

Since January 1, 2011, Ryker Schenck, a California state
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prisoner, has filed six pro se actions in this court challenging
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the validity of his criminal conviction or seeking relief from a
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judgment entered in a civil action he brought in Marin County
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Superior Court.

Often, Schenck has raised both types of claims in

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the same case, as he does in the present cases.

All of the prior

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cases have been dismissed prior to service.

See 28 U.S.C.

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§ 1915A.
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The orders reviewing those cases have explained in

detail why Schenck’s habeas and civil claims are not cognizable.1

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The two cases the Court reviews in this Order are captioned
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as habeas corpus petitions but contain both habeas and civil
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rights claims.

The cases appear to be identical; they seek

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Schenck’s release from custody as well as equitable relief and
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See Schenck v. People of the State of California, C 110448 CW (PR) (order of dismissal filed Sept. 7, 2011); Schenck v.
People of the State of California, C 11-0449 CW (order of
dismissal filed Mar. 21, 2011); Schenck v. Brown, C 11-2502 SI
(PR) (order of dismissal filed Dec. 23, 2011); Schenck v. Superior
Court, C 12-4422 CW (PR) (order of dismissal filed Aug. 31, 2012).

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damages for alleged erroneous rulings in the civil case he brought

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in Marin County Superior Court.

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It is clear from the face of the petition that Schenck’s
habeas claim for early release from state custody because of the

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alleged miscalculation of custody credits has not been exhausted

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by presentation of the claim to the California Supreme Court.

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Accordingly, the claim is DISMISSED without prejudice.

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v. Lundy, 455 U.S. 509, 515 (1982).

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that the Court notify him of any outstanding federal criminal

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United States District Court
For the Northern District of California

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charges and bring him to trial on such charges is not properly

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before this Court.

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with the requirements of the Interstate Agreement on Detainers

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Act, 18 U.S.C. App. II.

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See Rose

Further, Schenck’s request

Any such request must be made in accordance

Additionally, Schenck’s equitable relief and damages claims

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concerning his civil case in Marin County Superior Court are

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duplicative of the claims raised in his prior actions that have

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been dismissed.

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claims when the complaint or claims are duplicative of claims

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brought in another case.

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1105 n.2 (9th Cir. 1995) (holding in forma pauperis complaint that

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merely repeats pending or previously litigated claims may be

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considered abusive and dismissed); 28 U.S.C. § 1915A(b)(1)

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(allowing district courts to dismiss sua sponte prisoner actions

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that are frivolous).

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DISMISSED without prejudice.

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A court may dismiss a complaint or individual

See Cato v. United States, 70 F.3d 1103,

Accordingly, these duplicative claims are

Based on the above, both of Schenck’s pending cases are
DISMISSED without prejudice.
//
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CONCLUSION

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For the foregoing reasons, the Court orders as follows:

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1.

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The two cases addressed in this Order are DISMISSED

without prejudice.

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2.

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The Clerk of the Court shall terminate all pending motions in

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Leave to proceed in forma pauperis is GRANTED.

both cases, enter judgment and close the files.
IT IS SO ORDERED.
Dated: 3/19/2013
________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

United States District Court
For the Northern District of California

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