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Richard Edward Jackson Iii v. State of California

January 11, 2011

RICHARD EDWARD JACKSON III,
PETITIONER,
v.
STATE OF CALIFORNIA, RESPONDENT.



The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the Court is the review of the Second Amended Petition. (ECF No. 20).

BACKGROUND

On August 10, 1010, Petitioner, a detainee of San Diego County Jail and proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1).

On August 24, 2010, this Court dismissed the Petition without prejudice because Petitioner failed to satisfy the filing fee requirement, failed to state a cognizable claim for federal habeas relief, and failed to name a proper respondent. (ECF No. 2).

On September 8, 2010, Petitioner filed a motion to proceed in forma pauperis and a First Amended Petition. (ECF No. 8).

On September 30, 2010, the Court granted the motion to proceed in forma pauperis and dismissed the First Amended Petition for failure to state a cognizable claim for federal habeas relief. (ECF No. 15). The Court stated:

As noted in this Court's previous dismissal order, a Petition for Writ of Habeas Corpus brought pursuant to § 2254 is not the proper vehicle for the claims Petitioner presents. Challenges to the fact or duration of confinement are brought by petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254; challenges to conditions of confinement are brought pursuant to the Civil Rights Act, 42 U.S.C. § 1983.... In the present case, it appears that Petitioner challenges the conditions of his prison life, but not the fact or length of his custody. Petitioner lists various problems he claims he is facing in prison. Specifically, Petitioner claims he is not getting the proper medication to treat his depression. Petitioner's claim is not cognizable on habeas because it does not challenge the constitutional validity or duration of confinement.

Id. at 2 (citations omitted). The Court stated:

If Petitioner wishes to challenge the validity of a state court conviction or the length of his incarceration via a habeas corpus petition, he must submit, no later than November 19, 2010, a Second Amended Petition which cures the pleading deficiencies outlined in this Order. If Petitioner wishes challenge the conditions of his confinement, he must file a new civil complaint pursuant to 42 U.S.C. § 1983 which will be given a new civil case number. For Petitioner's convenience, the Clerk of Court is directed to mail Petitioner a blank civil rights complaint pursuant to 42 U.S.C. § 1983 with a copy of this Order. Id. at 3.

On October 12, 2010, Petitioner filed a document entitled, "Second Amended Petition." (ECF No. 20). The Second Amended Petition states: "This is a challenge to the conditions of my confinement and I know this is not the proper vehicle for this type of challenge, so I am making an attempt to make this amend [sic] cognizable by saying my current confinement is unconstitutional...." Id. at 2.

The Court takes judicial notice of the fact that, on October 18, 2010, Petitioner filed a separate action in this Court pursuant to 42 U.S.C. § 1983, which was assigned case number 10cv2200. Petitioner's Complaint in the § 1983 action contains allegations similar to those made in original Petition in this action.

DISCUSSION

Rule 4 of the Rules Governing Section 2254 Cases provides for summary dismissal of a habeas petition "[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief ...


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