Alan DeVon Reasonable Accommodations 1 06-03-15

397 Pages·2015·39.68 MB·English

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DEPT 100
Date: SEPTEMBER 18, 2013
Honorable: WILLIAM C. RYA N Judge R. SAIKI Deputy Clerk
NONE Bailiff NONE Reporter
(Parties and Counsel checked if present)
BH 009206
In re,
Counsel for Petitioner:
ALAN DEVON,
Petitioner,
On Habe,as Corpus Counsel for Respondent:
Nature of Proceedings: MEMORANDUM OF DECISION (HABEAS CO~US)
AT CHAMBERS
Petition for Writ of Habeas Corpus by Alan Devon, prose ("Petitioner"). No appearance by a
Respondent. Denied.
The Court has read and considered the Petition for Writ of Habeas Corpus filed by Alan Devon
("Petitioner") on July 23, 2013.
Petitioner alleges correctional officers have essentially stolen his personal property, in particular a silver
chain and a pair of tennis shoes. Petitioner also alleges that he was denied hearing devices, such as a hearing
aid; mobility devices such as a cane, back brace or orthopedic shoes and pain medication.
Petitioner filed a petition for writ of habeas corpus requesting the Court's action to alleviate the alleged
illegalities in procedures and conduct, which essentially seeks relief from conditions of confinement.
As to most of the Petitioner's _claims, excluding the allegedly stolen silver chain, he does not provide
any supporting documentation stating that he has exhausted his administrative remedies at the correctional
facility \Vhere he is currently imprisoned. Petitioner's failure to exhaust administrative remedies warrants
summary denial of those claims. In re Dexter (1979) 25 Cal. 3d 921, 925 ("As a general rule, a litigant will not
be afforded judicial relief unless he has exhausted available administrative remedies."); fore Locks (2000) 79
Cal. App. 4th 890, 893. Petitioner also has not demonstrated that exhaustion is inadequate or futile, or would
otherwise cause irreparable harm. In re Hudson, (2006) 143 Cal. App. 4th 1, 7; In re Locks, 79 Cal. App. 4th at
893.
As to the silver chain and, for that matter, all of the other issues alleged by petitioner, he has not
submitted any evidence, other than his conclusory statements and generalizations in regards to these issues.
"Conclusory allegations made without any explanation of the basis for the allegations do not warrant relief. .. "
People v. Karis (1988) 46 Cal. 3d. 612, 656. It is the burden of a petitioner seeking an extraordinary writ to
plead and prove facts and law entitling him to relief (People v. Karis (1988) 46 Cal. 3d 612, 656; In re Swain
(1949) 34 Cal. 2d 300, 304), and to support his allegations by attaching reasonably available documentary
evidence and/or affidavits. In re Harris (1993) 5 Cal. 4th 813, 827, fn. 5; In re Clark(l993) 5 Cal. 4th 750,
1 Minutes Entered
09-18-13
County Clerk
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DEPT 100
Date: SEPTEMBER 18, 2013
Honorable: WILLIAM C. RYA N Judge R. SAIKI Deputy Clerk
NONE Bailiff NONE Reporter
(Parties and Counsel checked if present)
BH 009206
In re,
Counsel for Petitioner:
ALAN DEVON,
Petitioner,
On Habeas Corpus Counsel for Respondent:
781, fn. 16. Failure to support such allegations is afailure to state a prima facie case for relief, resulting in a
summary denial of the petition. feople v. Duvall, (1995) 9 Cal. 4th 464, 475; In re Clark (1993) 5 Cal. 4th
767, 781.
For the foregoing reasons, the Petition for Writ of Habeas Corpus is DENIED.
The Clerk is ordered to serve a copy of this decision upon the Petitioner, and upon the Attorney General,
300 South Spring Street, Suite 1702, Los Angeles, CA 90013, as counsel for the respondent Secretary of the
Department of Corrections.
The court order is signed and filed this date.
A true copy of this minute order is sent via U.S. Mail to the following parties:
Alan Devon
E-43780
California State Prison - Los Angeles County
P.O. Box 4670
Lancaster, CA 93539
Department of Justice - State of California
Office of the Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Attn: Michelle Dale
2 Minutes Entered
09-18-13
County Clerk
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DEPT 100
Date: NOVEMBER 20, 2013
Honorable: WILLIAM C. RYAN Judge R. SAIKI Deputy Clerk
NONE Bailiff NONE Reporter
(Parties and Counsel checked if present)
BH009206
In re,
Counsel for Petitioner:
ALAN DEVON,
Petitioner,
On Habeas Corpus Counsel for Respondent:
Nature of Proceedings: MEMORANDUM OF DECISION
(Request for Reconsideration of Denial of Writ of Habeas Corpus)
AT CHAMBERS
Request for reconsideration of Petition for Writ of Habeas Corpus by Alan Devon, prose ("Petitioner").
No appearance by a Respondent. Denied.
The Court has read and considered the Request for Reconsideration of the Petition for Writ of Habeas
Corpus filed by Alan Devon ("Petitioner") on October 7, 2013. The original petition for writ of habeas corpus
was filed on July 23, 2013. ·
Petitioner alleged correctional officers stole his personal property, in particular a silver chain and a pair
of tennis shoes. Petitioner also alleges that he was denied hearing devices, such as a hearing aid; mobility
devices ~uch as a cane, back brace or orthopedic shoes and pain medication. Petitioner filed a petition for writ
of habeas corpus requesting the Court's action to alleviate the alleged illegalities in procedures and conduct,
·which essentially seeks relief from conditions of confinement.
The petition was denied on September 18, 2013. As to all of the disputed conditions of confinement, the
Court either found that petitioner failed to exhaust his administrative remedies or he failed to provide any
evidence in support of his contentions and therefore failed to state a prima facie case for relief
On October 7, 2013, petitioner filed his Request for Reconsideration of the Petition for Writ of Habeas
Corpus. To the extent that· petitioner is appealing the Court's denial of his original petition, the appeal is not
proper. The petitioner's sole remedy is to file a new petition for writ of habeas corpus in the Court of Appeal.
In re Scott (2004) 119 Cal.App.4th 871, 877; People v. Ryan (1953) 118 Cal.App.2d 144, 149. To the extent
that petitioner is seeking a reconsideration of the Court's September 18, 2013 ruling, reconsideration is denied.
Reconsideration is appropriate when either there are new facts now that could not have been presented at the
prior proceeding through no fault of the petitioner or ifthe law has changed. In re Reno (2012) 55 Cal.4th 428,
455; In re Martinez (2009) 46 Cal.4th 945, 956. Petitioner has failed to provide any new evidence or law to
support a new ruling by the Court. ·
1 Minutes Entered
11-20-13
County Clerk
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DEPT 100
Date: NOVEMBER 20, 2013
Honorable: WILLIAM C. RYA.t'I Judge R. SAIKI Deputy Clerk
NONE Bailiff NONE Reporter
(Parties and Counsel checked if present)
BH009206
In re,
Counsel for Petitioner:
ALAN DEVON,
Petitioner,
On Habeas Corpus Counsel for Respondent:
The pe~itioner does present one new issue, i.e., the quality of his mental health care at his current prison.
Petitioner, however, must file a new petition for writ of habeas corpus as to this issue. Instead the documents in
support of this issue are filed randomly with all of the other documents and the improper reconsideration
request.
For the foregoing reasons, the Request for the Reconsideration of the Petition for Writ of Habeas Corpus
is DENIED. .
The Clerk is ordered to serve a copy of this decision upon the Petitioner, and upon the Attorney General,
300 South Spring Street, Suite 1702, Los Angeles, CA 90013, as counsel for the respondent Secretary of the
Department of Corrections.
The court order is signed and filed this date.
A true copy of this minute order is sent via U.S. Mail to the following parties:
Alan Devon
E-43780
California State Prison - Los Angeles County
P.O. Box 4670
Lancaster, CA 93539
-Department of Justice - State of California
Office of the Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Attn: Michelle Dale
2 Minutes Entered
11-20-13
County Clerk

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SUPERIOR COURT OF CALIFORNIA Reserved for Clerk's File Stamp
COUNTY OF LOS ANGELES
COURTHOUSE ADDRESS: CONFORMED COPY
Clara Shortridge Foltz Criminal Justice Center
OF ORlGINAL ~!LED
210 West Temple Street Los Angeles S11m~1·ir)r· Court
Los AnQeles, CA 90012
SEP 2 0 2013
PLAINTIFF /PETITIONER:
)·hU Y(}\ -fl.· t W· M
ALAN DEVON
Execuuve Officer/Clerk
By v ,...._ TI __, ,.. , Deputy
'C/\hMEN SORTILLON
CASE NUMBER:
CLERK'S CERTIFICATE OF MAILING
BH009206
CCP, § 1013(a)
.-
Cal. Rules of Court, rule 2(a)(1)
I, the below-named Executive Officer/Clerk of the above-entitled court, do hereby certify that I am not a party to the cause
herein, and that this date I served:
0 [gj Memorandum of Decision (Habeas Corpus)
Order Extending Time
D
D Order re: Petition for Writ of Habeas Corpus
Order to Show Cause
D
0 Order re: Writ of Error Coram Nobis
Order re: Appointment of Counsel
D
0 Copy of Petition for Writ of Habeas Corpus /Suitability
Order for Informal Response
Hearing Transcript for the Attorney General
I certify that the following is true and correct: I am the clerk of the above-named court and not a party to the cause. I
served this document by placing true copies in envelopes addressed as shown below and then by sealing and placing
them for collection; stamping or metering with first:.class, prepaid postage; and mailing on the date stated below, in the
United States mail at Los Angeles County, California, following standard court practices.
Alan Devon
E-43780
California State Prison - Los Angeles County
P.O. Box 4670
Lancaster, CA 93539
Department of Justice - State of California
Office of the Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Attn: Michelle Dale