Carranza v. Lewis et al

Filing 8

ORDER OF DISMISSAL; GRANTING 6 MOTION FOR LEAVE TO PROCEED IN FORMAPAUPERIS; DENYING 2 , 3 , 4 OTHER MOTIONS. For the foregoing reasons, this action for a writ of habeas corpus is DISMISSED without prejudice to petitioner filing a civil rights action under 42 U.S.C. § 1983, preferably using the court's civil rights complaint form, after he has exhausted California's prison administrative remedies. The Clerk is instructed to include two copies of the prisoner civil rights co mplaint form to Petitioner with a copy of this order. Motions terminated: 4 MOTION for Protective Order MOTION for Discovery MOTION for Hearing filed by Jose Carranza, 2 MOTION to Appoint Counsel filed by Jose Carranza, 3 MOTION for H earing filed by Jose Carranza, 6 MOTION for Leave to Proceed in forma pauperis filed by Jose Carranza., ***Deadlines terminated. 6 MOTION for Leave to Proceed in forma pauperis filed by Jose Carranza. Signed by Judge Edward J. Davila on 7/6/2012. (Attachments: # 1 Prisoner Complaint)(ecg, COURT STAFF) (Filed on 7/6/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 JOSE CARRANZA, Petitioner, 12 13 ) ) ) ) ) ) ) ) ) ) ) ) vs. 14 G. D. LEWIS, Warden, 15 Respondent. 16 No. C 12-01169 EJD (PR) ORDER OF DISMISSAL; GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS; DENYING OTHER MOTIONS (Docket Nos. 2, 3, 4 & 6) 17 18 Petitioner, a California inmate currently incarcerated at Pelican Bay State 19 Prison in Crescent City, filed a pro se petition for a writ of habeas corpus pursuant to 20 28 U.S.C. § 2254. For the reasons discussed below, the instant petition will be 21 dismissed. 22 BACKGROUND 23 Petitioner states that he is not challenging his criminal conviction. (Pet. at 2.) 24 Rather, he is challenging the fact that prison officials validated him as a prison gang 25 associate in 2009, and thereby placed him in the security housing unit (“SHU”). 26 Petitioner filed habeas petitions in the state courts, with the California 27 Supreme Court denying review on January 25, 2012. (Id. at 5.) Petitioner filed the 28 instant federal habeas petition on March 8, 2012. Order of Dismissal G:\PRO-SE\SJ.EJD\HC.12\01169Carranza_dism(hc-cr).wpd DISCUSSION 1 2 Petitioner challenges his validation as a gang prison associate and placement 3 in the SHU. Petitioner claims that the validation was based on insufficient evidence 4 in violation of his right to due process, and that the placement in the SHU constitutes 5 cruel and unusual punishment under the Eighth Amendment. 6 It is well established in this circuit that “habeas jurisdiction is absent, and a § 7 1983 action proper, where a successful challenge to a prison condition will not 8 necessarily shorten the prisoner’s sentence.” Ramirez v. Galaza, 334 F.3d 850, 859 9 (9th Cir. 2003). The preferred practice in the Ninth Circuit also has been that challenges to conditions of confinement should be brought in a civil rights 11 For the Northern District of California United States District Court 10 complaint. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (civil rights action 12 is proper method of challenging conditions of confinement); Crawford v. Bell, 599 13 F.2d 890, 891-92 & n.1 (9th Cir. 1979) (affirming dismissal of habeas petition on 14 basis that challenges to terms and conditions of confinement must be brought in civil 15 rights complaint). Here, Petitioner’s claim that he is being unconstitutionally 16 confined in the SHU based on an invalid gang validation, if successful, would not 17 necessarily shorten his sentence. Accordingly, the petition goes entirely to the 18 conditions of his confinement, and success in this action would not necessarily affect 19 the duration of his confinement. 20 Although a district court may construe a habeas petition by a prisoner 21 attacking the conditions of his confinement as a civil rights action under 42 U.S.C. § 22 1983, see Wilwording v. Swenson, 404 U.S. 249, 251 (1971), the Court declines to 23 do so here. The difficulty with construing a habeas petition as a civil rights 24 complaint is that the two forms used by most prisoners request different information 25 and much of the information necessary for a civil rights complaint is not included in 26 the habeas petition filed here. Examples of the potential problems created by using 27 the habeas petition form rather than the civil rights complaint form include the 28 potential omission of intended defendants, potential failure to link each defendant to Order of Dismissal G:\PRO-SE\SJ.EJD\HC.12\01169Carranza_dism(hc-cr).wpd 2 1 2 the claims, and potential absence of an adequate prayer for relief. Additionally, there is doubt whether the prisoner is willing to pay the $350.00 3 civil action filing fee to pursue his claims. While a prisoner may think he has found 4 a loophole that allows him to avoid paying the $350.00 filing fee by filing in habeas, 5 the loophole proves unhelpful because he ultimately cannot proceed in habeas and 6 will be charged the $350.00 filing fee to proceed with actions challenging conditions 7 of confinement. It is not in the interest of judicial economy to allow prisoners to file 8 civil rights actions on habeas forms because virtually every such case, including this 9 one, will be defective at the outset and require additional court resources to deal with the problems created by the different filing fees and the absence of information on 11 For the Northern District of California United States District Court 10 the habeas form. 12 CONCLUSION 13 14 For the foregoing reasons, this action for a writ of habeas corpus is 15 DISMISSED without prejudice to petitioner filing a civil rights action under 42 16 U.S.C. § 1983, preferably using the court’s civil rights complaint form, after he has 17 exhausted California’s prison administrative remedies. See 42 U.S.C. § 1997e(a). 18 Petitioner’s motion for leave to proceed in forma pauperis, (Docket No. 6), is 19 GRANTED. Petitioner’s motions for appointment of counsel, (Docket No. 2), for 20 an evidentiary hearing, (Docket No. 3), and for discovery, (Docket No. 4), are 21 DENIED as moot by this dismissal. 22 23 24 The Clerk is instructed to include two copies of the prisoner civil rights complaint form to Petitioner with a copy of this order. This order terminates Docket Nos. 2, 3, 4 and 6. 25 26 DATED: 7/6/2012 EDWARD J. DAVILA United States District Judge 27 28 Order of Dismissal G:\PRO-SE\SJ.EJD\HC.12\01169Carranza_dism(hc-cr).wpd 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE CARRANZA, Case Number: CV12-01169 EJD Petitioner, CERTIFICATE OF SERVICE v. G. D. LEWIS, Warden, Respondent. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 7/6/2012 That on , 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. Jose Carranza T62521 Pelican Bay State Prison P. O. Box 7500 Crescent City, CA 9532-7500 Dated: 7/6/2012 Richard W. Wieking, Clerk /s/ Elizabeth Garcia, Deputy Clerk By:

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