(HC) Bell v. Dickinson, No. 2:2009cv00755 - Document 13 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 8/25/09 RECOMMENDING that 10 MOTION to DISMISS be granted and this case be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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(HC) Bell v. Dickinson Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEXIS RAESHAUN BELL, Petitioner, 11 12 13 14 15 No. CIV-09-0755 GEB KJM P vs. KATHLEEN DICKINSON, Respondent. FINDINGS AND RECOMMENDATIONS / 16 Petitioner is a California prisoner proceeding with an application for writ of 17 habeas corpus under 28 U.S.C. § 2254. She asserts that rights arising under the Fourteenth 18 Amendment were violated during prison disciplinary proceedings during which she was found 19 guilty of theft of state property. Respondent has filed a motion to dismiss in which respondent 20 argues that the court does not have jurisdiction over petitioner’s claims. 21 This court may entertain an application for writ of habeas corpus by a state 22 prisoner only on the ground that the prisoner is in custody in violation of the Constitution or 23 some other federal law. 28 U.S.C. § 2254; cf. 42 U.S.C. § 1983. Here, the parties agree that 24 petitioner’s prison sentence has not been increased by the disciplinary proceedings at issue. 25 Mot. at 3:4-17; Opp’n at 3:19-21. Therefore, the court does not have jurisdiction to issue a writ 26 of habeas corpus and respondent’s motion to dismiss should be granted. 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. Respondent’s motion to dismiss (#10) be granted; and 5 2. This case be dismissed. 6 These findings and recommendations are submitted to the United States District 7 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 8 days after being served with these findings and recommendations, any party may file written 9 objections with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 11 shall be served and filed within ten days after service of the objections. The parties are advised 12 that failure to file objections within the specified time may waive the right to appeal the District 13 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 DATED: August 25, 2009. 15 16 17 1 bell0755.157 18 19 20 21 22 23 24 25 26 2
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