Williams v. Unknown

Filing 16

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 1/12/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 1/12/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DEXTER W. WILLIAMS,
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Plaintiff,
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v.
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PEOPLE OF STATE OF CALIFORNIA,
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Defendant.
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No. C 11-2877 LHK (PR)
ORDER OF DISMISSAL

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Plaintiff, proceeding pro se, commenced this action by filing a motion to strike, along

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with a supporting memorandum of points and authorities. On September 21, 2011, the Court

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directed Plaintiff to file either a complaint or a petition. On October 17, 2011, the Plaintiff filed

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a motion to strike the trial court’s imposed fines and restitution, alleging that the erroneous

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removal of funds violated California law. On November 3, 2011, the Court dismissed Plaintiff’s

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motion with leave to amend. In the order, the Court informed Plaintiff that he needed to name a

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proper Defendant. Plaintiff’s “motion” had listed the People of the State of California as a

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Defendant, which is barred under the Eleventh Amendment. See Atascadero State Hosp. v.

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Scanlon, 473 U.S. 234, 237-38 (1985). Further, Plaintiff did not clearly assert what federal

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rights were violated. See Easton v. Crossland Mortgage Corp., 114 F.3d 979, 982 (9th Cir.

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1997) (acknowledging that the mere reference of a federal statute in a pleading will not convert a

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state law claim into a federal cause of action if the federal statute is not a necessary element of
Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.11\Williams877dis.wpd

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the state law claim and no preemption exists). The Court advised Plaintiff that the proper course

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of action for him might be to file suit in state court to challenge the imposition of his sentence.

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Nevertheless, the Court instructed Plaintiff to file an amended complaint if he could cure the

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deficiencies stated.

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On November 30, 2011, Plaintiff filed an amended complaint. He continues to name the

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People of the State of California as the sole Defendant. As previously stated, the State of

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California is immune from suit. See Atascadero State Hosp., 473 U.S. at 237-38. Accordingly,

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Plaintiff’s amended complaint is DISMISSED.

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Alternatively, Plaintiff fails to state a claim for relief. It appears that the gist of his

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argument is that he was sentenced to death in trial court. According to Plaintiff, his judgment

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has been stayed pending his automatic appeal. Plaintiff believes that, in light of this stay, his

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restitution should also have been stayed. He asserts that the imposition of restitution is thus

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illegal. Plaintiff’s claim is better suited in state court. As long as the sentencing order is in

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place, prison officials have no constitutional duty to review the legality of the sentence imposed.

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Cf. Stein v. Ryan, 662 F.3d 1114, 1119-20 (9th Cir. 2011) (affirming the dismissal of a Section

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1983 claim because prisoner had no due process or Eighth Amendment right to have prison

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officials release him from prison, even though the sentencing order was legally incorrect under a

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later-decided state supreme court case). “[N]o reasonable prison official would understand that

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executing a court order without investigating its potential illegality” would violate the prisoner’s

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constitutional rights. Id. at 1119.

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CONCLUSION
For the foregoing reasons, this action is DISMISSED.
IT IS SO ORDERED.
Dated: 1/12/12
LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.11\Williams877dis.wpd

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