This case was last updated from California Courts of Appeal on 05/09/2022 at 16:12:23 (UTC).

In re PEDRO RODRIGUEZ on Habeas Corpus

Case Summary

On 01/13/2022 In re PEDRO RODRIGUEZ on Habeas Corpus was filed as an Other lawsuit. This case was filed in California Courts of Appeal, Fourth Appellate District - Division 1 located in Statewide, California. The case status is Pending - Other Pending.
Case Details Parties Dockets

 

Case Details

  • Case Number:

    ***9862

  • Filing Date:

    01/13/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Statewide, California

 

Party Details

Petitioner

Pedro Rodriguez

Respondent

The People

Attorney/Law Firm Details

Respondent Attorneys

Office Of The District Attorney

Appellate Division P. O. Box X-1011

San Diego, CA 92112

Office of the Attorney General

P. O. Box 85266

San Diego, CA 92186-5266

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 01/19/2022
  • DispositionDescription: Petition summarily denied by order; Disposition Type: Final The petition for writ of habeas corpus has been read and considered by Presiding Justice McConnell and Associate Justices Huffman and O'Rourke. Pedro Luis Rodriguez is currently incarcerated at the George Bailey Detention Facility serving a determinate term as a result of a misdemeanor conviction. In his petition, Rodriguez contends that the San Diego County Sheriff's Department is not providing him with adequate medical care while in jail. He also contends he is being discriminated against as a disabled person due to the actions of jail officials to deny him access to activities and rehabilitative programs. He asks this court to grant "injunctive relief." Rodriguez is not now entitled to relief from this court. Attached to his petition is an inmate grievance form demonstrating that he raised his claims on January 8, 2022. On that form, the Sheriff's Department noted that it was required to respond within four days. Rodriguez did not wait four days, but rather filed this writ petition one day after he submitted his grievance and before he received a response. Jails must provide an inmate grievance procedure to allow inmates to seek administrative remedies. (See Cal. Code Regs., tit. 15, 1073, subd. (a) [county jail must provide procedure to resolve grievances related to any condition of confinement].) An inmate generally must exhaust available administrative remedies before seeking judicial relief. (In re Dexter (1979) 25 Cal.3d 921, 925.) Here, although Rodriguez filed an inmate grievance, he did not exhaust his administrative remedies before seeking judicial relief. Accordingly, his petition is procedurally barred. Additionally, although this court has original jurisdiction in habeas corpus proceedings (Cal. Const., art. VI, 10), it has discretion to decline to exercise such jurisdiction if the superior court has not first ruled on a request for habeas corpus relief. (Robinson v. Lewis (2020) 9 Cal.5th 883, 895; In re Hillery (1962) 202 Cal.App.2d 293, 294.) Rodriguez has not shown that he sought habeas corpus relief from the superior court or that "any extraordinary reason exists for action by this court, rather than by the Superior Court." (In re Hillery, supra, at p. 294.) At most, he asserts, without evidence, that his petition will be ignored. This conclusory allegation is insufficient to warrant a departure from the usual practice of first seeking relief in the superior court. Therefore, even if Rodriguez had exhausted his administrative remedies, we would decline to consider the merits of the petition in the first instance. The petition is denied without prejudice to refiling after exhausting available administrative remedies and seeking relief in the San Diego County Superior Court, located at 1100 Union Street, San Diego, California 92101.

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  • 01/19/2022
  • DocketDescription: Case complete.

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  • 01/19/2022
  • DocketDescription: Order denying petition filed.; Notes: The petition for writ of habeas corpus has been read and considered by Presiding Justice McConnell and Associate Justices Huffman and O'Rourke. Pedro Luis Rodriguez is currently incarcerated at the George Bailey Detention Facility serving a determinate term as a result of a misdemeanor conviction. In his petition, Rodriguez contends that the San Diego County Sheriff's Department is not providing him with adequate medical care while in jail. He also contends he is being discriminated against as a disabled person due to the actions of jail officials to deny him access to activities and rehabilitative programs. He asks this court to grant "injunctive relief." Rodriguez is not now entitled to relief from this court. Attached to his petition is an inmate grievance form demonstrating that he raised his claims on January 8, 2022. On that form, the Sheriff's Department noted that it was required to respond within four days. Rodriguez did not wait four days, but rather filed this writ petition one day after he submitted his grievance and before he received a response. Jails must provide an inmate grievance procedure to allow inmates to seek administrative remedies. (See Cal. Code Regs., tit. 15, 1073, subd. (a) [county jail must provide procedure to resolve grievances related to any condition of confinement].) An inmate generally must exhaust available administrative remedies before seeking judicial relief. (In re Dexter (1979) 25 Cal.3d 921, 925.) Here, although Rodriguez filed an inmate grievance, he did not exhaust his administrative remedies before seeking judicial relief. Accordingly, his petition is procedurally barred. Additionally, although this court has original jurisdiction in habeas corpus proceedings (Cal. Const., art. VI, 10), it has discretion to decline to exercise such jurisdiction if the superior court has not first ruled on a request for habeas corpus relief. (Robinson v. Lewis (2020) 9 Cal.5th 883, 895; In re Hillery (1962) 202 Cal.App.2d 293, 294.) Rodriguez has not shown that he sought habeas corpus relief from the superior court or that "any extraordinary reason exists for action by this court, rather than by the Superior Court." (In re Hillery, supra, at p. 294.) At most, he asserts, without evidence, that his petition will be ignored. This conclusory allegation is insufficient to warrant a departure from the usual practice of first seeking relief in the superior court. Therefore, even if Rodriguez had exhausted his administrative remedies, we would decline to consider the merits of the petition in the first instance. The petition is denied without prejudice to refiling after exhausting available administrative remedies and seeking relief in the San Diego County Superior Court, located at 1100 Union Street, San Diego, California 92101.

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  • 01/13/2022
  • DocketDescription: Petition for a writ of habeas corpus filed.; Notes: Copy of petition sent to Attorney General

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