Opinion
No. C 02-3923 WHA (PR)
August 28, 2002
ORDER OF DISMISSAL
Petitioner, a California prisoner currently incarcerated at Pleasant Valley State Prison, has filed a document headed "Habeas Corpus Ad Testificandum with Order for the Same; Declaration in Support Herewith." The clerk has classified it on the docket as a habeas petition pursuant to 28 U.S.C. § 2254, and it has been randomly assigned to the undersigned.
In the filing petitioner states that he is dissatisfied with a proposed settlement in another case in this district, Plata v. Davis, C 01-1351 TEH, which he says is a class action which would affect him. He also complains of unsatisfactory medical care at Pleasant Valley State Prison.
Petitioner states that the deadline for objecting to the proposed settlement was May 28, 2002. The petition itself and the attached declaration, which appear to be copies, are dated May 21 and 27, 2002, respectively. The documents were not filed in this court until August 15, 2002, however. No explanation for the delay is provided. He apparently wishes to be brought before the court to testify against the proposed settlement.
This case obviously is wrongly classified as a habeas corpus petition under § 2254. In view of the time which has passed since the petition was prepared, and the adoption of the class action stipulation in C 01-1351 TEH on June 13, 2002, the most efficient disposition of this case is to dismiss it without prejudice as showing no grounds for federal habeas corpus relief, which indeed it does not. Petitioner should bring his concerns, if any remain, to the attention of counsel or the court in C 01-1351 TEH.
CONCLUSION
This case is DISMISSED without prejudice. The clerk shall close the file. SO ORDERED.
JUDGMENT
Pursuant to the court's order entered today, a judgment of dismissal without prejudice is hereby entered.