Taylor v. Walker, et al.

Filing 10

ORDER DISMISSING 1 Petition for Writ of Habeas Corpus, DIRECTING Clerk of Court to TERMINATE Action, and DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY signed by Magistrate Judge Stanley A. Boone on 8/27/2014. CASE CLOSED. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY LAMONT TAYLOR,

12

Petitioner,

13

v.

14

WALKER, et.al,

15
16
17

Respondents.

)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-01186-SAB-HC
ORDER DISMISSING PETITION FOR WRIT OF
HABEAS CORPUS, DIRECTING CLERK OF
COURT TO TERMINATE ACTION, AND
DECLINING TO ISSUE A CERTIFICATE OF
APPEALABILITY
(ECF No. 1)

Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. §

18

2254. Pursuant to 28 U.S.C. § 636(c), Petitioner consented to the jurisdiction of the United States

19

Magistrate Judge on August 11, 2014. Local Rule 302.

20
21

Petitioner filed the instant petition for writ of habeas corpus on July 15, 2014. For the reasons
explained below, the petition must be dismissed.

22

I.

23

DISCUSSION

24

Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review

25

of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears

26

from the face of the petition . . . that the petitioner is not entitled to relief." Rule 4 of the Rules

27

Governing 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490 (9th Cir.1990). A federal court

28

may only grant a petition for writ of habeas corpus if the petitioner can show that "he is in custody in
1

1

violation of the Constitution . . . ." 28 U.S.C. § 2254(a). A habeas corpus petition is the correct

2

method for a prisoner to challenge the “legality or duration” of his confinement. Badea v. Cox, 931

3

F.2d 573, 574 (9th Cir. 1991), quoting, Preiser v. Rodriguez, 411 U.S. 475, 485 (1973); Advisory

4

Committee Notes to Rule 1 of the Rules Governing Section 2254 Cases. In contrast, a civil rights

5

action pursuant to 42 U.S.C. § 1983 is the proper method for a prisoner to challenge the conditions of

6

that confinement. McCarthy v. Bronson, 500 U.S. 136, 141-42 (1991); Preiser, 411 U.S. at 499;

7

Badea, 931 F.2d at 574; Advisory Committee Notes to Rule 1 of the Rules Governing Section 2254

8

Cases.

9

In this case, Petitioner is challenging the medical treatment and/or lack thereof while housed at

10

the California Department of Corrections and Rehabilitation. Indeed, on the face page of the petition,

11

Petitioner states he is “challenging prison conditions.” (ECF No. 1 at 1.) Thus, it is clear that

12

Petitioner is challenging the conditions of his confinement, not the fact or duration of that

13

confinement. Thus, Petitioner is not entitled to habeas corpus relief, and this petition must be

14

dismissed. Should Petitioner wish to pursue his claims, Petitioner must do so by way of a civil rights

15

complaint pursuant to 42 U.S.C. § 1983.

16

II.

17

ORDER

18

Based on the foregoing,

19

IT IS HEREBY ORDERED that:

20

1.

The instant petition for writ of habeas corpus is DISMISSED;

21

2.

The Clerk of Court is directed to terminate this action and send Plaintiff a blank form
complaint pursuant to 42 U.S.C. § 1983; and

22
23

3.

The Court declines to issue a certificate of appealability. 28 U.S.C. ' 2253(c); Slack v.

24

McDaniel, 529 U.S. 473, 484 (2000) (a COA should be granted where the applicant has

25

made Aa substantial showing of the denial of a constitutional right,@ i.e., when

26

Areasonable jurists would find the district court=s assessment of the constitutional claims

27

debatable or wrong@; Hoffman v. Arave, 455 F.3d 926, 943 (9th Cir. 2006) (same). In

28

the present case, the Court finds that reasonable jurists would not find it debatable that
2

1

the state courts= decision denying Petitioner=s petition for writ of habeas corpus were

2

not Aobjectively unreasonable.@

3
4
5

IT IS SO ORDERED.

6

Dated:

7

August 27, 2014
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3