United States District Court, N.D. California
November 28, 2005.
PETER CHARLES BULLETTI, Petitioner,
A.P. KANE, et al., Respondents.
The opinion of the court was delivered by: JEFFREY WHITE, District Judge
Petitioner, a state prisoner incarcerated at Soledad
Correctional Training Facility, filed a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254 in the United States
District Court for the Southern District of California. The
petition and Petitioner's motion to proceed in forma pauperis
were transferred to this Court on August 26, 2005. On September
22, 2005, the Clerk of Court assigned a second case number for
this petition, C05-3836 JSW (PR), which is administratively
closed by separate order. Petitioner paid the filing fee on
September 30, 2005. His motion to proceed in forma pauperis is
therefore DENIED as moot (docket no. 2).
Petitioner previously filed a petition for writ of habeas
corpus in this Court on April 21, 2004 (C04-1552 JSW (PR)). On
November 17, 2004, the Court dismissed that petition as untimely.
In the present petition, Petitioner claims that his
incarceration has hindered his ability to effectively file
personal injury actions. However, Petitioner's claims do not
involve the fact or duration of his confinement, hence they are
not the proper subject of a habeas action. See Crawford v.
Bell, 599 F.2d 890, 891-92 (9th Cir. 1979). In fact, Petitioner
states that his "civil action for personal injury against Black &
Decker (U.S.) Inc./Home Depot U.S.A. Inc. is not related in any way to
Petitioner's criminal conviction." (Pet., 6.B.) This case is
therefore DISMISSED without prejudice for failure to state a
cognizable claim for habeas relief. The Clerk shall close the
file and enter judgment.
IT IS SO ORDERED.
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