Ozsusamlar v. Federal Bureau of Prisons et al

Filing 27

ORDER signed by Magistrate Judge Stanley A. Boone on 1/13/2014 regarding 26 Motion to compel copies; directing Clerk of Court to serve copy of response on petitioner and granting extension of time to file Traverse. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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OSMAN NURI OZSUSAMLAR,

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Case No. 1:13-cv-00422-SAB-HC

Petitioner,

ORDER REGARDING PETITIONER’S
MOTION TO COMPEL COPIES
[ECF NO. 26]

v.
PAUL COPENHAVER, Warden, et al.,

ORDER DIRECTING CLERK OF COURT
TO SERVE COPY OF RESPONSE ON
PETITIONER

Respondents.

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ORDER GRANTING EXTENSION OF
TIME TO FILE TRAVERSE

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus

19 pursuant to 28 U.S.C. § 2241.
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On December 6, 2013, Petitioner filed a vague motion in which it appears he is stating his

21 copy of Respondent’s answer that was served on or about August 29, 2013, was lost or
22 destroyed. Petitioner states he requires a copy in order to file a traverse. He also requests
23 additional time to file a traverse. Respondent did not file an opposition to the motion. In the
24 interest of judicial efficiency, the Court will direct the Clerk of Court to serve a copy of the
25 response on Petitioner. In addition, Petitioner will be granted an extension to file a traverse.
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Petitioner also raises numerous other vague claims concerning the conditions of his

27 confinement. He complains of retaliation and harassment by prison staff, and he claims that he
28 should be held in a lower security prison.

Such complaints are not proper in a habeas

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1 proceeding. Rather, a civil rights action pursuant to 42 U.S.C. § 1983 is the proper method for a
2 prisoner to challenge the conditions of his confinement. McCarthy v. Bronson, 500 U.S. 136,
3 141-42 (1991).
ORDER

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Accordingly, IT IS HEREBY ORDERED:

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1) The Clerk of Court is DIRECTED to serve a copy of Respondent’s answer [ECF No.

7 19] on Petitioner;
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2) Petitioner is GRANTED thirty (30) days to file a traverse;

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3) Any other remaining request is DENIED.

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IT IS SO ORDERED.
Dated:

January 13, 2014
UNITED STATES MAGISTRATE JUDGE

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