Ricky Tyrone Foster v. Matthew Cate
Filing
5
ORDER RE SUMMARY DISMISSAL OF ACTION by Judge Dean D. Pregerson, Case Terminated. Made JS-6. (jm)
<![CDATA[
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA
9
10
RICKY TYRONE-FOSTER,
11
Petitioner,
12
13
14
v.
MATTHEW CATE, CDCR. DIR.,
Respondent.
15
16
17
18
)
)
)
)
)
)
)
)
)
)
No. CV 13-4360 DDP (FFM)
ORDER RE SUMMARY
DISMISSAL OF ACTION
On June 18, 2013, petitioner filed what is captioned a Petition for Writ of
Habeas Corpus by a Person in State Custody (“Petition”).
As best the Court can glean from the face of the Petition, petitioner’s claims
19
are not directed to the legality or duration of petitioner’s current confinement.
20
Rather, petitioner’s claims relate to a perceived civil wrong for which petitioner
21
seeks monetary relief.
22
The Writ of Habeas Corpus is limited to attacks upon the legality or
23
duration of confinement. Crawford v. Bell, 599 F.2d 890, 891 (9th Cir. 1979)
24
(citing Preiser v. Rodriguez, 411 U.S. 475, 484-86 (1973)). A civil rights action,
25
in contrast, is the proper method of challenging civil injuries. See Badea v. Cox,
26
931 F.2d 573, 574 (9th Cir. 1991); see also Young v. Kenny, 907 F.2d 874, 875
27
n.1 (1990). Petitioner’s claims as presently alleged do not implicate the legality or
28
duration of confinement, but rather concern alleged civil injuries.
1
The Court does have discretion to construe petitioner’s habeas petition as a
2
civil rights complaint. See Wilwording v. Swenson, 404 U.S. 249, 251 (1971);
3
Hansen v. May, 502 F.2d 728, 729-30 (9th Cir. 1974). In this instance, however,
4
the Court chooses not to exercise such discretion, because it is clear that the
5
pleading fails to comply with Federal Rule of Civil Procedure 8. Rule 8(a)(2)
6
requires a “a short and plain statement of the claim.” The Petition contains no
7
charging allegations; rather, the Petition merely attaches state court filings without
8
explanation.
9
Pursuant to Rule 4 of the Rules Governing Section 2254 cases in the United
10
States District Court, it is therefore ordered that this action be dismissed without
11
prejudice.
12
13
DATED: August 7, 2013
_______________________
DEAN D. PREGERSON
United States District Judge
14
15
16
Presented by:
17
18
19
/S/ FREDERICK F. MUMM
FREDERICK F. MUMM
United States Magistrate Judge
20
21
22
23
24
25
26
27
28
2
]]>
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?
