Opinion

Dos Santos v. People of California

Court
District Court, N.D. California
Filed
Jul 8, 2021
Cited by
0 cases
Authority
More cited than 18.8%

The opinion

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4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

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7 OLIVEIRA DOS SANTOS, Case No. 21-cv-04224-JD

8 Petitioner,

ORDER OF DISMISSAL

v.

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10 NAPA STATE HOSPITAL,

Respondent.

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13 Petitioner, a patient at Napa State Hospital, filed a pro se petition for a writ of habeas

14 corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in San Mateo County, which is in

15 this district, so venue is proper here. See 28 U.S.C. § 2241(d).

16 DISCUSSION

17 STANDARD OF REVIEW

18 This Court may entertain a petition for writ of habeas corpus “in behalf of a person in

19 custody pursuant to the judgment of a State court only on the ground that he is in custody in

20 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v.

21 Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading

22 requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of

23 habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court

24 must “specify all the grounds for relief available to the petitioner ... [and] state the facts supporting

25 each ground.” Rule 2(c) of the Rules Governing § 2254 Cases, 28 U.S.C. § 2254. “‘[N]otice’

26 pleading is not sufficient, for the petition is expected to state facts that point to a ‘real possibility

27 of constitutional error.’” Rule 4 Advisory Committee Notes (quoting Aubut v. Maine, 431 F.2d

LEGAL CLAIMS

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Petitioner seeks relief regarding the conditions of his confinement and his underlying

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conviction. “‘Federal law opens two main avenues to relief on complaints related to

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imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254, and a complaint under the Civil

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Rights Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983. Challenges to the

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lawfulness of confinement or to particulars affecting its duration are the province of habeas

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corpus.’” Hill v. McDonough, 547 U.S. 573, 579 (2006) (quoting Muhammad v. Close, 540 U.S.

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749, 750 (2004)). “An inmate’s challenge to the circumstances of his confinement, however, may

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be brought under § 1983.” Id.

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Habeas is the “exclusive remedy” for the prisoner who seeks “‘immediate or speedier

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release’” from confinement. Skinner v. Switzer, 562 U.S. 521, 533-34 (2011) (quoting Wilkinson

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v. Dotson, 544 U.S. 74, 82 (2005)); see Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). “Where

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the prisoner’s claim would not ‘necessarily spell speedier release,’ however, suit may be brought

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under § 1983.’” Skinner, 562 U.S. at 533-34 (quoting Wilkinson, 544 U.S. at 82). In fact, a §

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1983 action is the exclusive remedy for claims by state prisoners that do not “lie at the ‘core of

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habeas corpus.’” Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (en banc) (quoting

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Preiser, 411 U.S. at 487). A claim that meets the statutory criteria of § 1983 may be asserted

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unless it is within the core of habeas corpus because “its success would release the claimant from

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confinement or shorten its duration.” Thornton v. Brown, 757 F.3d 834, 841 (9th Cir. 2014)

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(citing Preiser, 411 U.S. at 500).

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Petitioner has not exhausted the habeas claims in state court. He has presented claims only

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to the Ninth Circuit and the State Bar of California. Prisoners in state custody who wish to

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challenge collaterally in federal habeas proceedings the fact or length of their confinement are

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required to exhaust state judicial remedies, either on direct appeal or through collateral

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proceedings, by presenting the highest state court available with a fair opportunity to rule on the

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merits of each and every claim they seek to raise in federal court. See 28 U.S.C. § 2254(b), (c);

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Rose v. Lundy, 455 U.S. 509, 515-16 (1982). The habeas action is dismissed without prejudice.

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1 Petitioner may file a federal petition in this Court once the California Supreme Court has ruled on

2 || his claims.

3 Petitioner’s claims about the conditions of his confinement are dismissed without

4 || prejudice, and plaintiff may file a separate civil rights action. If plaintiff files a civil rights action,

5 he must identify specific defendants and describe how they violated his constitutional rights.

6 Simply stating that he was unable to file a grievance, without more information, is insufficient.

7 CONCLUSION

8 1. Petitioner is permitted to proceed in forma pauperis, but this action is DISMISSED

9 without prejudice. A certificate of appealability is DENIED.

10 2. The Clerk is requested to close this case.

11 IT IS SO ORDERED.

12 Dated: July 8, 2021

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JAMES ATO

IS United Sites District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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