Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

BULLETTI v. KANE

United States District Court, N.D. California


November 28, 2005.

PETER CHARLES BULLETTI, Petitioner,
v.
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. ยง 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.

20051128

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.