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Case 1:06-cv-00586-SOM-KSC Document 4 Filed 11/07/2006 Page 1 of 10
BACKGROUND
Dockets.Justia.com
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when they set his term of sentence. (Compl. 2.) Layaoen seeks a
LEGAL STANDARD
Hall, 261 F.3d 896, 899 n.2 (9th Cir. 2001). “‘[A] complaint
appears beyond doubt that the plaintiff can prove no set of facts
Terracom v. Valley Nat’l Bank, 49 F.3d 555, 558 (9th Cir. 1995)
2
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248 (9th Cir. 1995); see also Lopez v. Smith, 203 F.3d 1122, 1126
DISCUSSION
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F. Supp. 813, 818 (D. Haw. 1995), aff’d in part, rev’d in part,
131 F.3d 818 (9th Cir. 1997); see also Williamson v. Hawaii
under § 1983.
two years of his five year sentence. (Compl. 7.) Such a claim
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Specifically, Layaoen seeks a declaration that, after he
has served two years of his five year sentence, he is entitled to
parole.
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2
When a complaint actually states a habeas claim, rather
than a claim under § 1983, as here, the district court should
inform the prisoner of this, then dismiss the claim without
prejudice to the bringing of the claim in a habeas petition,
after state judicial remedies have been exhausted. Blueford v.
Prunty, 108 F.3d 251, 255 (9th Cir. 1997); Trimble v. City of
Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995).
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District courts may grant writs in the nature of mandamus
when necessary in aid of their jurisdiction. 28 U.S.C. § 1651;
Finley v. Chandler, 377 F.2d 548, 548 (9th Cir. 1967). A writ of
mandamus, however, is a drastic remedy to be used only in
extraordinary situations. Borja v. United States Dist. Court for
the N. Mariana Islands, 919 F.2d 100, 100 (9th Cir.1990); People
of Territory of Guam v. District Court of Guam, 641 F.2d 816, 820
(9th Cir. 1981). Traditionally, it has been used as a means to
confine an inferior court to the lawful exercise of its
jurisdiction or to compel it to exercise its authority. Borja,
919 F.2d at 100.
Mandamus relief is only available to compel an officer of
the United States to perform a duty if (1) the plaintiff’s claim
is clear and certain; (2) the duty of the officer is ministerial
and so plainly prescribed as to be free from doubt; and (3) no
other adequate remedy is available. Fallini v Hodel, 783 F.2d
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F.2d 678, 681 (9th Cir. 1966) (federal court had no jurisdiction
District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991) (Court of
Cir.), cert. denied, 454 U.S. 1102 (1981); cf. Anderson v. Boyd,
714 F.2d 906, 909 (9th Cir. 1983) (parole officials are
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641 F.2d at 1297. The Ninth Circuit Court of Appeals held that
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The court does not address the possibility of Eleventh
Amendment immunity because Layoen names Defendants in their
official capacities and appears to seek only prospective
injunctive relief. See Pennhurst State Sch. & Hosp. v. Halderman,
465 U.S. 89, 100 (1984) (the Eleventh Amendment bars damages
actions against state officials in their official capacity, see
Doe v. Lawrence Livermore Nat’l Lab., 131 F.3d 836, 839 (9th Cir.
1997), but does not bar suits against state officials seeking
prospective relief). It is also clear that Defendants here are
entitled to qualified immunity in their individual capacities
because, as addressed above, Layaoen is unable to demonstrate
that a constitutional violation has occurred. See Saucier v.
Katz, 533 U.S. 194, 201 (2001) (noting that threshold question in
qualified immunity analysis is: “Taken in the light most
favorable to the party asserting the injury, do the facts alleged
show the officer's conduct violated a constitutional right?”)).
If no constitutional violation is shown, the inquiry ends.
Saucier, 533 U.S. at 201.
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203 F.3d at 1130 (citing Doe v. United States, 58 F.3d 494, 497
(9th Cir. 1995) (“a district court should grant leave to amend .
Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998) (quoting Tripati v.
First Nat'l Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987) (“A
CONCLUSION
U.S.C. § 1915(g).
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Thomas Read, at 919 Ala Moana Blvd., 4th Floor, Honolulu, Hawaii,
96814.
IT IS SO ORDERED.
_____________________________
Susan Oki Mollway
United States District Judge
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