Edelbacher v. The California Board of Parole Hearings

Filing 7

ORDER OF DISMISSAL. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 9/29/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 9/29/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETER T. EDELBACHER,
Plaintiff,

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THE CALIFORNIA BOARD OF PAROLE
HEARINGS,

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United States District Court
Northern District of California

ORDER OF DISMISSAL

v.

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Case No. 17-cv-04783-HSG (PR)

Defendant.

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INTRODUCTION

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Plaintiff Peter T. Edelbacher is a prisoner of the State of California who is incarcerated at

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Pleasant Valley State Prison. He has filed a pro se petition for a writ of mandamus. He has paid

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the filing fee.
DISCUSSION

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I.

Legal Standard

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Federal courts must engage in a preliminary screening of cases in which prisoners seek

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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of

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the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief

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may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id.

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§ 1915A(b). Pro se pleadings must be liberally construed, however. Balistreri v. Pacifica Police

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Dep’t, 901 F.2d 696, 699 (9th Cir. 1990).

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II.

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Legal Claims
Edelbacher challenges a decision by the Board of Parole Hearings (“BPH”) that he may not

be considered for release under the “Elder Parole Program.” He represents that he qualifies for

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this program pursuant to an order issued on February 10, 2014 by the Three-Judge Court in

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Coleman/Plata v. Brown.
The Coleman/Plata actions are consolidated civil rights class actions pending in the United

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States District Court for the Eastern and Northern Districts of California.1 The Coleman class

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action concerns the constitutional adequacy of the mental health care provided to CDCR inmates

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and involves the class of seriously mentally ill persons in California prisons. The Plata class

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action concerns the constitutional adequacy of CDCR’s inmate medical health care and involves

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the class of state prisoners with serious medical conditions. The Three-Judge Court presiding over

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these class actions has issued various orders related to prison overcrowding and has required the

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State of California to undertake prison population reduction measures.
Edelbacher seeks an order compelling the BPH to schedule and hold a parole suitability

United States District Court
Northern District of California

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hearing. He relies on the February 10, 2014 order issued in the Coleman/Plata actions, which

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established an Elder Parole Program pursuant to which the BPH was to implement a parole

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consideration process for prisoners that are 60 years of age or older and that have served 25 years

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or more of their prison sentence. Edelbacher contends that he is eligible for this program despite

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the fact that he was sentenced to life without the possibility of parole.

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III.

Writ of Mandamus
The federal mandamus statute provides: “The district courts shall have original jurisdiction

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of any action in the nature of mandamus to compel an officer or employee of the United States or

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any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. However, this

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Court has no authority to take the actions requested by Edelbacher by way of a writ of mandamus.

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“The federal courts are without power to issue writs of mandamus to direct state courts or their

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judicial officers in the performance of their duties . . . .” Clark v. Washington, 366 F.2d 678, 681

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(9th Cir. 1966). See also Davis v. Lansing, 851 F.2d 72, 74 (2d Cir. 1988) (“The federal courts

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have no general power [in the nature of mandamus or prohibition] to compel action by state

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Plata v. Brown, No. C 01-1351 JST, a class action pending in this District, and Coleman v.
Brown, No. 90-0520 KJM DB, a class action pending in the Eastern District. The Plata and
Coleman class actions have been consolidated.
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officials . . . .”). The named defendant in this action—the California Board of Parole Hearings—is

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not an officer, employee, or agency of the United States. It is a branch of a larger state agency, the

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California Department of Corrections and Rehabilitation. This Court lacks jurisdiction to compel

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action by California state agencies or officials pursuant to 28 U.S.C. § 1361. Edelbacher’s

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mandamus remedy, if any, lies in state court.

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Further, an individual suit for injunctive and equitable relief from allegedly
unconstitutional prison conditions may be dismissed when it duplicates an existing class action’s

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allegations and prayer for relief. See Pride v. Correa, 719 F.3d 1130, 1133 (9th Cir. 2013).

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Edelbacher apparently is attempting to enforce a Coleman/Plata order. As such, his claim and the

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relief he seeks fall squarely within the purview of Coleman/Plata. Therefore, he may not bring his

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United States District Court
Northern District of California

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claim as an individual suit, but must instead seek to remedy the claimed violation through class

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counsel in the Coleman/Plata case.
CONCLUSION

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Accordingly, the action is DISMISSED for failure to state a claim upon which relief may
be granted. 28 U.S.C. § 1915A. The Clerk of the Court shall issue judgment and close the file.
IT IS SO ORDERED.
Dated: 9/29/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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