Barger v. Director of "OPS" of CDCR

Filing 14

ORDER dismissing Petition and Closing Case signed by Magistrate Judge Sandra M. Snyder on 12/17/2014. CASE CLOSED.(Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10

GARY BARGER, also known as Gary
Fisher,

11

Petitioner,

12

Case No. 1:14-CV-01659-SMS HC
ORDER DISMISSING PETITION
AND CLOSING CASE

v.

13

DIRECTOR OF "OPS" OF CDCR,

14

Respondent.

(Doc. 13)

15
16
On November 4, 2014, this Court issued a screening memorandum in which it questioned

17
18

whether Petitioner sought to file a habeas corpus petition or a claim pursuant to 42 U.S.C. § 1983.

19

The Court dismissed the petition, directing Petitioner to amend it to include only those claims

20
21

cognizable in a habeas corpus petition. Petitioner was directed to pursue his Section 1983 claims in
a separate petition, which needed to be filed in the Sacramento Division, which is the proper venue

22
23

for those claims.
On December 8, 2014, Petitioner filed a Section 1983 action in this Court which was

24
25

dismissed for failure to pay the filing fee.1 Barger v. Director of OPS of CDCR, No. 1:14-cv-01956-

26

LJO-BAM. On December 10, 2014, Petitioner filed a document in the above-captioned case entitled

27
28

1

Pursuant to 28 U.S.C. § 1915, with certain exceptions, Petitioner is no longer eligible to file Section 1983 actions in
forma pauperis. See Barger v. Director of OPS of CDCR, No. 2:14-cv-01323-TLN-EFB.

1

1

"Motion for Injunction Order by the Matter of Law Order," which, although failing to cogently set

2

forth individual claims, clearly indicated Petitioner's intent to allege challenges to conditions of

3

imprisonment. Doc. 13.

4

Challenges to the conditions of prison life are properly brought as civil rights claims under

5

42 U.S.C. § 1983. McCarthy v. Bronson, 500 U.S. 136, 142 (1991). A federal petition for writ of

6

habeas corpus concerns whether a petitioner is in custody in violation of the Constitution. 28 U.S.C.

7
§ 2254(a). "Habeas corpus is the exclusive remedy for a state prisoner who challenges the fact or
8
9

duration of his confinement and seeks immediate or speedier release, even though such a claim may

10

come within the literal terms of § 1983." Preiser v. Rodriguez, 411 U.S. 475, 488-89 (1973). A

11

petitioner may not seek Section 1983 relief by means of a habeas corpus petition. See Heck v.

12

Humphrey, 512 U.S. 477, 487-88 (1994); Preiser, 411 U.S. at 498-99 n. 15; Young v. Kenny, 907

13

F.2d 874 (9th Cir. 1990); Advisory Committee Notes to Rule 1 of the Rules Governing Section 2254

14

Cases.

15
16
17

Accordingly, the Court hereby DISMISSES this case with prejudice. The Clerk of Court is
directed to close the case.

18
19
20
21

IT IS SO ORDERED.
Dated:

December 17, 2014

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28

2