Smith v. Chapell

Filing 11

ORDER FOR BRIEFING. Signed by Judge Phyllis J. Hamilton on 6/12/15. (CERTIFICATE OF SERVICE ATTACHED)(napS, COURT STAFF) (Filed on 6/12/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JERRY EUGENE SMITH,

Case No. 14-cv-04438-PJH

Petitioner,
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v.

ORDER FOR BRIEFING

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KEVIN CHAPELL,
Respondent.

United States District Court
Northern District of California

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Petitioner, a state prisoner, proceeds with a pro se petition for a writ of habeas

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corpus regarding a prison disciplinary finding that resulted in the loss of credits.

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Respondent has filed a motion to dismiss on the ground that the disciplinary finding does

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not affect the fact or duration of petitioner’s confinement. Respondent argues that

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habeas jurisdiction is absent. Petitioner filed an opposition on May 26, 2015.

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Respondent filed a reply that cited to a recent Ninth Circuit case, Nettles v. Grounds,

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2015 WL 3406160 (9th Cir. May 28, 2015), that addressed habeas jurisdiction in a case

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with similar facts. Because Nettles was issued after petitioner filed his opposition, he will

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be provided an opportunity to file additional briefing regarding Nettles and the court will

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send that case with this order. Petitioner may file additional briefing, though it is not

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required, by July 13, 2015. No extensions will be provided.
CONCLUSION

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1. Petitioner may file additional briefing by July 13, 2015. No extensions will be
provided.

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2. The Clerk shall send a copy of Nettles to petitioner with this Order.

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IT IS SO ORDERED.

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Dated: June 12, 2015

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________________________
PHYLLIS J. HAMILTON
United States District Judge

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\\CANDOAK\Data\Users\PJHALL\_psp\2014\2014_04438_Smith_v_Chapell_(PSP)\14-cv-04438-PJH-_ord.docx

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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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JERRY EUGENE SMITH,

Case No. 14-cv-04438-PJH

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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KEVIN CHAPELL,
Defendant.

United States District Court
Northern District of California

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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.
That on June 12, 2015, 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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Jerry Eugene Smith ID: H-44485 (with attached Nettles case)
San Quentin State Prison
San Quentin, CA 94964

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Dated: June 12, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Nichole Peric, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON

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