Phillips v. Napa State Hospital
Filing
10
ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 9/13/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 9/13/2017)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
United States District Court
Northern District of California
11
DONALD PHILLIPS,
Case No. 17-cv-03267 NC (PR)
Petitioner,
12
ORDER OF DISMISSAL
v.
13
14
NAPA STATE HOSPITAL,
15
Respondent.
16
17
Donald Phillips, a California state prisoner proceeding pro se, filed an amended
18
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated
19
below, Court dismisses the amended petition.
20
BACKGROUND
According to the amended petition, in 1985, 1 Petitioner was sentenced to a term of
21
22
imprisonment at Napa State Hospital after being convicted of attempted murder, second
23
degree murder, and robbery. It does not appear that Petitioner exhausted his claims to the
24
25
26
27
28
1
In the original petition, Petitioner had stated that he was sentenced in 1999.
Case No. 17-cv-03267 NC (PR)
ORDER OF DISMISSAL
1
California Supreme Court.
2
3
Petitioner filed the original petition on June 7, 2017. He then filed his amended
petition on August 24, 2017.
4
5
DISCUSSION
A.
6
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Standard of Review
This Court may entertain a petition for writ of habeas corpus “in behalf of a person
in custody pursuant to the judgment of a State court only on the ground that he is in
custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C.
§ 2254(a). A district court considering an application for a writ of habeas corpus shall
“award the writ or issue an order directing the respondent to show cause why the writ
should not be granted, unless it appears from the application that the applicant or person
detained is not entitled thereto.” 28 U.S.C. § 2243. Summary dismissal is appropriate
only where the allegations in the petition are vague or conclusory, palpably incredible, or
patently frivolous or false. See Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990).
B.
Legal Claims
In the Court’s August 10, 2017 initial screening order of Petitioner’s original
petition, the Court stated that it could not decipher what Petitioner’s claims were. The
Court reminded Petitioner that challenges to the lawfulness of confinement or to
particulars affecting its duration are the province of habeas corpus.’” Hill v. McDonough,
547 U.S. 573, 579 (2006) (quoting Muhammad v. Close, 540 U.S. 749, 750 (2004)).
“Where the prisoner’s claim would not ‘necessarily spell speedier release,’ however, suit
may be brought under § 1983.’” Skinner, 561 U.S. at 525 (quoting Wilkinson, 544 U.S. at
82). The Court informed Petitioner that he must specify all the grounds for relief available
and state the facts supporting each ground. See Hendricks v. Vasquez, 908 F.2d 490, 491-
25
26
27
28
Case No. 17-cv-03267 NC (PR)
ORDER OF DISMISSAL
1
92 (9th Cir. 1990) (habeas petitioner must state his claims with sufficient specificity). The
2
petition was dismissed with leave to amend so that Petitioner could clarify his claims,
3
present them more legibly, and provide specific facts to support a cognizable claim.
4
Unfortunately, Petitioner’s amended petition does not clarify his claims. The Court
5
again cannot determine what Petitioner’s claims are, nor can it decipher Petitioner’s
6
handwriting. At best, it appears Petitioner claims that his civil rights have been violated,
7
and that his case had been dismissed because he lacked funds. These are not proper claims
8
to bring in a habeas petition. In addition, Petitioner has again not complied with the rule
9
that he must specify the grounds upon which he bases his claims, or stated the facts
10
supporting each ground.
11
United States District Court
Northern District of California
The Court previously informed Petitioner that his original claims were
12
indecipherable and vague, and dismissed the original petition with leave to amend so that
13
Petitioner could cure those deficiencies. The Court also warned Petitioner that the failure
14
to comply with the order would result in dismissal of this case without prejudice. Because
15
Petitioner failed to cure the deficiencies as ordered, this case is DISMISSED without leave
16
to amend.
17
CONCLUSION
18
Petitioner’s amended petition is DISMISSED without leave to amend. The Clerk
19
shall terminate all pending motions and close the file.
20
21
22
23
24
The federal rules governing habeas cases brought by state prisoners require a
district court that denies a habeas petition to grant or deny a certificate of appealability
(“COA”) in its ruling. See Rule 11(a), Rules Governing § 2254 Cases, 28 U.S.C. foll. §
2254. Petitioner has not shown “that jurists of reason would find it debatable whether the
district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484
25
26
27
28
Case No. 17-cv-03267 NC (PR)
ORDER OF DISMISSAL
1
(2000). Accordingly, a COA is DENIED.
2
3
IT IS SO ORDERED.
4
5
DATED:
September 13, 2017
NATHANAEL M. COUSINS
United States Magistrate Judge
6
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 17-cv-03267 NC (PR)
ORDER OF DISMISSAL
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?