Engle v. CSATF/SP Corcoran II

Filing 7

ORDER Dismissing Petition for Writ of Habeas Corpus, signed by District Judge Lawrence J. O'Neill on 7/15/14. Motion Dismissed as Moot 6 . CASE CLOSED. (Attachments: # 1 Complaint Form)(Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ERIC ENGLE, 10 Plaintiff, 11 12 Case No. 1:14-cv-00746-LJO-SMS HC ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS v. CSATF/SP CORCORAN II, 13 Defendant. (Docs. 1 and 6) 14 15 On May 19, 2014, Petitioner Eric Engle, a state prisoner, filed a petition for writ of habeas 16 17 18 corpus pursuant to 28 U.S.C. § 2254. Doc. 1. Petitioner contended that prison officials denied him appropriate medical care to address his severe chronic pain from multiple bone and joint conditions. Relief by way of a writ of habeas corpus is available if a state prisoner can show that he is "in 19 20 custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254. 21 When a prisoner seeks to challenge the conditions of his confinement, however, a petition for writ of 22 habeas corpus is inappropriate. Petitioner's claims of inadequate or inappropriate medical care are 23 properly analyzed as civil rights claims related to conditions of confinement, not the fact or duration 24 25 of confinement. Petitioner's claims are properly brought in a civil rights action pursuant to 42 26 U.S.C. § 1983. 27 /// 28 /// 1 1 Because Petitioner is not entitled to habeas corpus relief, the Court must dismiss his habeas 2 corpus petition. Petitioner may pursue his claims by filing a civil rights complaint pursuant to 42 3 U.S.C. § 1983. 4 5 6 On July 10, 2014, contending that he could not fully attend to his habeas corpus petition as he prepared to be paroled, Petitioner filed a motion for an extension of time to pursue his case. Doc. 6. In light of the Court's dismissal of his habeas corpus petition, Petitioner's motion to extend time 7 must be dismissed as moot. 8 9 The Court hereby DISMISSES the petition for writ of habeas corpus since it does not allege 10 grounds that would entitle Petitioner to habeas corpus relief. The Court further DISMISSES the 11 motion to extend time as moot. The Clerk of Court is directed to send Petitioner the standard form 12 for civil rights complaints pursuant to 42 U.S.C. § 1983. 13 14 IT IS SO ORDERED. 15 16 Dated: /s/ Lawrence J. O’Neill July 15, 2014 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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