Dukes v. Swift et al

Filing 4

ORDER DISMISSING Petition for Writ of Habeas Corpus, signed by District Judge Lawrence J. O'Neill on 7/30/2014. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
MELVIN DUKES,

10

Petitioner,

11
v.

12

R.K. SWIFT, et al,

13

Respondents.

14

Case No. 1:14-cv-01143-LJO-SMS
ORDER DISMISSING PETITION
FOR WRIT OF HABEAS CORPUS
(Doc. 1)

15
16

On July 23, 2014, Petitioner Melvin Dukes, a state prisoner proceeding pro se and in forma

17
18
19

pauperis, filed a petition for writ of habeas corpus. The petition sets forth multiple complaints
regarding the conditions of Petitioner's confinement. Although the petition is difficult to decipher,1

20

Petitioner appears to allege (1) forced relocation to another cell, (2) forcible extrication from his cell,

21

including use of pepper spray, (3) loss of personal property including a television and a dictionary,

22

(4) harassment and torture, (5) inappropriate referral to mental health programs, and

23

(6) unauthorized deduction of funds from his prison trust account.

24

Relief by way of a writ of habeas corpus is available if a state prisoner can show he is "in

25
26
27
28

custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254.
1

Although Petitioner's printing is generally legible, Petitioner's account of the incidents leading to his claims is poorly
organized, disjointed, and difficult to follow. In addition, in photocopying the petition, portions of the text were cut off
the edges of the pages.

1

1

When a petitioner seeks to challenge the conditions of his confinement, however, a petition for writ

2

of habeas corpus is an inappropriate way to seek relief. Petitioner's claims are properly brought in a

3

civil rights action pursuant to 42 U.S.C. § 1983.

4
5
6

Because Petitioner is not entitled to habeas corpus relief, the Court must dismiss his habeas
corpus petition. Petitioner may pursue his claims by filing a civil rights complaint pursuant to 42
U.S.C. § 1983.

7
8
9
10

The Court hereby DISMISSES the petition for writ of habeas corpus since it does not allege
grounds that would entitle Petitioner to habeas corpus relief. The Clerk of Court is directed to send
Petitioner the standard form for civil rights complaints pursuant to 42 U.S.C. § 1983.

11
12
13
14

SO ORDERED
Dated: July 30, 2014
/s/ Lawrence J. O’Neill
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28

2