Turner v. San Francisco Superior Court

[3] 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA [6] 7 ANTHONY R. TURNER, 103312, Case No. 24-cv-08272-CRB (PR) 8 Petitioner, ORDER OF DISMISSAL 9 v. (ECF Nos. 10 & 13) 10 CITY AND COUNTY OF SAN FRANCISCO SUPERIOR COURT, et al., [11] Respondent. [12] Petitioner Anthony R. Turner, a pretrial detainee at the Solano County Jail facing state [13] criminal charges in Solano County Superior Court, filed a pro se petition for a writ of habeas [14] corpus under 28 U.S.C. § 2254 while at the Contra Costa County Jail claiming that City and [15] County of San Francisco officials unlawfully arrested, detained and removed him to Contra Costa [16] County Jail based on a falsified warrant from San Francisco County Superior Court. [17] On January 31, 2025, the court dismissed the petition for a writ of habeas corpus under 28 18 U.S.C. § 2254 with partial leave to amend as follows: [19] To the extent petitioner seeks to challenge his current pretrial 20 detention on pending state criminal charges, he will be afforded an opportunity to file an amended petition under [28 U.S.C.] § 2241 that 21 makes clear the current detention and state criminal charges he is challenging and, if possible, show that he has exhausted available 22 state judicial remedies in connection with said detention and state criminal charges and that special circumstances warrant federal 23 intervention. See [Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir. 1980)]. But to the extent petitioner seeks to bring a separate claim or 24 claims of wrongdoing against state or local officials in connection with his arrest, detention and/or removal to Contra Costa County Jail, 25 he must do so by filing a separate civil rights action. See Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (en banc) (only claim 26 whose success would release claimant from confinement or shorten its duration may be brought in habeas corpus). [27] ECF No. 7 at 2. ] On March 3, 2025, petitioner filed an “Amended Complaint Petition” seeking both to 2 || challenge his current pretrial detention at the Solano County Jail on pending state criminal charges 3 in Solano County Superior Court and to pursue separate claims of wrongdoing against state and 4 local officials in connection with his arrests, detentions and/or removals to Contra Costa and 5 Solano counties. But a § 2241 petition challenging petitioner’s current pretrial detention at the 6 Solano County Jail on pending state criminal charges in Solano County Superior Court must be 7 || brought in the Eastern District of California in whose venue Solano County lies. See 28 U.S.C. § 8 84(b). And separate claims of wrongdoing against state or local officials in connection with 9 || petitioner’s arrests, detentions and/or removals to Contra Costa and Solano counties must be 10 || brought in a separate civil rights action or actions under 42 U.S.C. § 1983 . See Nettles, 830 F.3d 1 ] at 931. 12 Petitioner’s “Amended Complaint Petition” accordingly is DISMISED without prejudice 13 || to filing a § 2241 petition in the Eastern District of California and/or a separate civil rights action 14 or actions under § 1983. 8 15 The clerk is directed to close this habeas case and to terminate all pending motions (see 16 || ECF Nos. 10 & 13) as moot. IT IS SO ORDERED. 5 18 || Dated: March 25, 2025 19 ZO CHARLES R. BREYER 20 United States District Judge